ARRANGED INSURANCE WITH LA ROYALE BELGE , BUT THE COMMISSION WAS UNABLE TO PRODUCE A COPY OF THE POLICY .
5 ON 7 APRIL 1971 , DURING HIS STAY AT THE HOLIDAY CAMP , THE APPLICANT ' S SON FELL WHILE PLAYING IN THE PLACE DE LA FOIRE ( TOWN SQUARE ) AT DURBUY AND WAS HIT ON THE HEAD BY A MOVING SWING . THE ACCIDENT FRACTURED HIS UPPER JAW , BROKE FOUR PERMANENT TEETH AND INJURED HIS FACE .
6 IT APPEARS THAT NO ISSUE HAS BEEN RAISED CONCERNING THE PLAYING EQUIPMENT IN DURBUY TOWN SQUARE , WHICH IS OWNED BY THE COMMUNE OF THAT TOWN .
7 THE MANAGEMENT OF THE HOLIDAY CENTRE NOTIFIED THE ACCIDENT TO ITS OWN INSURERS , LA ROYALE BELGE , STATING IN THE ACCIDENT DECLARATION THAT WHEN THE ACCIDENT OCCURRED THE LITTLE BOY WAS PLAYING WITH ABOUT TWENTY OTHER CHILDREN UNDER THE SUPERVISION OF TWO ASSISTANTS .
8 ACCORDING TO THE INFORMATION SUPPLIED BY THE COMMISSION DURING THE PROCEEDINGS , THE HOLIDAY CENTRE ' S INSURANCE COVERED THE MEDICAL EXPENSES FOR THE FIRST SIX MONTHS AFTER THE ACCIDENT , WITH THE EXCEPTION OF THE PORTION ALREADY REIMBURSED TO THE CHILD ' S FATHER UNDER THE SOCIAL SECURITY SCHEME FOR OFFICIALS AND OTHER EMPLOYEES OF THE COMMUNITY INSTITUTIONS .
9 THE COMMISSION , FOR ITS PART , NOTIFIED THE ACCIDENT BY TELEX MESSAGE OF 14 APRIL 1971 TO ITS INSURERS , MERCATOR , WHICH SUBSEQUENTLY REFUNDED THE ABOVE-MENTIONED EXPENSES TO LA ROYALE BELGE . NO FURTHER ACTION WAS TAKEN WITH REGARD TO COMPENSATION FOR THE DAMAGE RESULTING FROM THE ACCIDENT EITHER BY THE COMMISSION OR BY THE TWO INSURERS REFERRED TO ABOVE .
10 THE SPECIALISTS CONSULTED BY THE FATHER TO TREAT HIS CHILD REPORTED TOWARDS THE END OF 1976 THAT THE INJURY SUSTAINED BY THE CHILD AS A RESULT OF THE ACCIDENT , NOW CONSOLIDATED , CONSISTED IN THE LOSS OF FOUR UPPER PERMANENT INCISOR TEETH , NECESSITATING A PROSTHESIS . THE PROSTHESIS COULD NOT BE PERMANENTLY FITTED UNTIL THE CHILD HAD ATTAINED THE AGE OF EIGHTEEN , AND THEREFORE UNTIL THAT TIME TEMPORARY REMOVABLE PROSTHESES WOULD BE REQUIRED .
11 MR BERTI ' S LAWYER THEREFORE REQUESTED THE COMMISSION TO REIMBURSE THE COST OF THE PROSTHESES AND TO PROVIDE COMPENSATION FOR THE NON-MATERIAL AND AESTHETIC INJURIES SUFFERED BY THE CHILD . HOWEVER , MERCATOR INFORMED THE COMMISSION THAT NON-MATERIAL AND AESTHETIC INJURIES WERE NOT COVERED BY THE POLICY AND THAT AS FAR AS THE OTHER CLAIM WAS CONCERNED IT CONSIDERED THAT THE COMMISSION WAS NOT LIABLE . THEREUPON , THE COMMISSION , AGREEING WITH THAT ASSESSMENT , SUGGESTED TO MR BERTI THAT ' ' THE CASE BE CONSIDERED CLOSED ' ' .
12 THE APPLICANT DECLINED AND SUBMITTED A NEW AND FORMAL REQUEST FOR COMPENSATION PURSUANT TO ARTICLE 90 OF THE STAFF REGULATIONS . SINCE HIS COMPLAINT AGAINST THE IMPLIED DECISION REJECTING HIS REQUEST REMAINED UNANSWERED , HE BROUGHT THIS ACTION .
JURISDICTION
13 THE COMMISSION RAISES THE OBJECTION THAT THE