THE APPLICANT ON 15 FEBRUARY 1970 AND IN SO FAR AS IS NECESSARY OF THE EXPRESS DECISION OF THE COUNCIL OF 10 APRIL 1970 REJECTING THE APPLICATION FOR THE LUMP SUM PAYABLE ON THE DEATH OF AN OFFICIAL PROVIDED FOR BY ARTICLE 73 OF THE STAFF REGULATIONS,
Grounds
1 MR PAUL ROLAND, AN OFFICIAL AT THE SECRETARIAT OF THE COUNCIL OF MINISTERS OF THE EUROPEAN COMMUNITIES, DIED FROM DROWNING IN THE RHONE DURING THE MONTH OF FEBRUARY 1969 .
2 HIS WIDOW, THE APPLICANT, ACTING ON HER OWN BEHALF AND AS LEGAL GUARDIAN TO HER INFANT CHILDREN, REQUESTED IN A LETTER OF 15 JANUARY 1970 TO THE SECRETARY GENERAL OF THE COUNCIL OF MINISTERS, THE GRANT OF THE BENEFITS PROVIDED FOR BY ARTICLE 73 OF THE STAFF REGULATIONS FOR THOSE PERSONS ENTITLED UPON THE DEATH OF AN OFFICIAL FROM A NON-OCCUPATIONAL ACCIDENT .
3 SINCE THE COUNCIL REFUSED TO GRANT THIS REQUEST, THE APPLICANT BROUGHT AN ACTION BEFORE THE COURT OF JUSTICE PURSUANT TO ARTICLE 91 OF THE STAFF REGULATIONS FOR AN ORDER THAT THE COUNCIL SHOULD PAY THE SUMS IN QUESTION .
4 ( A ) ARTICLE 73 ( 1 ) PROVIDES :
" AN OFFICIAL IS, FROM THE DATE OF HIS ENTRY INTO THE SERVICE, INSURED AGAINST THE RISK OF OCCUPATIONAL DISEASE OR ACCIDENTS IN THE MANNER PROVIDED FOR IN RULES DRAWN UP BY COMMON AGREEMENT OF THE INSTITUTIONS OF THE COMMUNITIES AFTER CONSULTING THE STAFF REGULATIONS COMMITTEE . HE SHALL CONTRIBUTE TO THE COST OF INSURING AGAINST NON-OCCUPATIONAL RISKS UP TO 0.1 PER CENT OF HIS BASIC SALARY . "
SUCH RULES SHALL SPECIFY WHICH RISKS ARE NOT COVERED .
5 IN THE FOLLOWING PARAGRAPHS, THE ARTICLE LAYS DOWN THE BENEFITS PAYABLE .
6 HOWEVER THE RULES PROVIDED FOR IN PARAGRAPH 1, WHICH WERE TO DETERMINE THE CONDITIONS SUBJECT TO WHICH SERVANTS ARE COVERED AND IN PARTICULAR SHOULD SPECIFY WHICH RISKS ARE NOT COVERED, HAVE NOT UP TO NOW BEEN ISSUED FOR LACK OF AGREEMENT BETWEEN THE INSTITUTIONS .
7 IN SUPPORT OF ITS REJECTION, THE DEFENDANT ARGUES IN THE FIRST PLACE THAT, IN ORDER TO COMPLY IN THE MEANTIME WITH ITS PART OF THE OBLIGATIONS IMPOSED ON INSTITUTIONS, IT COVERED THE RISK OF ACCIDENT WITH REGARD TO ITS SERVANTS BY TAKING OUT AN INSURANCE POLICY FOR THEIR BENEFIT .
8 IT CLAIMS THAT THE POLICY IS A CONTRACT IN FAVOUR OF THIRD PARTIES WHICH BENEFITS THOSE INSURED AND WHICH WAS ACCEPTED BY IMPLICATION BUT NONE THE LESS CLEARLY BY THE APPLICANT SO THAT THE LATTER HAS NO RIGHTS OTHER THAN THOSE CONFERRED BY THE SAID POLICY AND UNDER THE TERMS THEREOF ONLY HAS A RIGHT OF ACTION AGAINST THE INSURERS .
9 IT IS SAID THAT THE ACTION SHOULD THEREFORE BE DISMISSED IN SO FAR AS IT IS DIRECTED AGAINST THE COUNCIL .
10 THE APPLICANT ON THE OTHER HAND MAINTAINS THAT HER RIGHTS ARE GRANTED DIRECTLY BY ARTICLE 73 AND THAT THEREFORE THE COUNCIL IS INDEBTED TO HER .
11 ARTICLE 73 OF THE STAFF