OF THE SAME DATE, IN SO FAR AS THEY REFUSE TO RECOGNIZE THE ILLNESS WHICH RESULTED IN HIS INVALIDITY AS AN OCCUPATIONAL DISEASE WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS OF OFFICIALS .
2 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE FACTS OF THE CASE, THE COURSE OF THE PROCEDURE AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
3 IN HIS FIRST SUBMISSION, MR RIENZI CONTENDS THAT THE COMMISSION' S DECISION OF 27 JUNE 1983 IS INCONSISTENT, INCORRECT AND BASED ON AN INADEQUATE STATEMENT OF REASONS, INASMUCH AS, IN THE FIRST PLACE, THE COMMISSION CLAIMS TO RELY EXCLUSIVELY ON THE FINDINGS OF THE INVALIDITY COMMITTEE WHICH, ACCORDING TO THE APPLICANT, RECOGNIZED THE EXISTENCE OF INVALIDITY ARISING FROM AN OCCUPATIONAL DISEASE, AND, SECONDLY, IT REFUSES TO APPLY THE SECOND PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS, AS IT SHOULD DO ON THE BASIS OF THOSE FINDINGS .
4 IN HIS SECOND SUBMISSION, MR RIENZI ALLEGES THE INFRINGEMENT OF ARTICLE 13 OF ANNEX VIII TO THE STAFF REGULATIONS, BREACH OF THE GENERAL PRINCIPLE PATERE LEGEM QUAM IPSE FECISTE AND MISUSE OF POWERS, INASMUCH AS BY DEPARTING FROM WHAT THE APPLICANT CLAIMS ARE THE INVALIDITY COMMITTEE' S FINDINGS, THE APPOINTING AUTHORITY ENCROACHED ON THE EXCLUSIVE POWERS OF THE INVALIDITY COMMITTEE AND, MOREOVER, FAILED TO ABIDE BY THE TERMS OF REFERENCE WHICH IT HAD GIVEN TO THAT COMMITTEE .
5 IN SUPPORT OF THOSE SUBMISSIONS, MR RIENZI ARGUES ( A ) THAT THE APPOINTING AUTHORITY EXPRESSLY ENTRUSTED THE INVALIDITY COMMITTEE, AS IS CLEAR FROM A LETTER OF THE DEPUTY DIRECTOR-GENERAL FOR PERSONNEL AND ADMINISTRATION OF 15 MARCH 1983, WITH THE TASK OF DETERMINING WHETHER THE APPLICANT' S INVALIDITY AROSE FROM AN OCCUPATIONAL DISEASE, ( B ) THAT THE INVALIDITY COMMITTEE ESTABLISHED, IN ITS FINDINGS OF 7 MAY 1983, THAT THE APPLICANT' S INVALIDITY "AROSE IN CONNECTION WITH SPECIFIC EVENTS WHICH OCCURRED IN THE PERFORMANCE OF HIS DUTIES", AND ( C ) THAT ONE OF THE MEMBERS OF THAT COMMITTEE CONFIRMED AT THE APPLICANT' S REQUEST, IN A STATEMENT OF 6 SEPTEMBER 1983, THAT THE COMMITTEE HAD "REGARDED HIS ILLNESS AS BEING ON THE SAME FOOTING AS AN OCCUPATION-RELATED AILMENT ".
6 IT SHOULD BE NOTED AT THE OUTSET THAT IN ORDER TO DETERMINE WHETHER THOSE TWO SUBMISSIONS ARE WELL-FOUNDED, THE FIRST QUESTION TO BE CONSIDERED IS WHETHER THE INVALIDITY COMMITTEE IS EMPOWERED, UNDER THE STAFF REGULATIONS, NOT ONLY TO ASCERTAIN WHETHER AN OFFICIAL IS SUFFERING FROM AN ILLNESS RESULTING IN INVALIDITY, BUT ALSO TO GIVE A LEGAL DEFINITION OF THE CONCEPT OF OCCUPATIONAL DISEASE, PARTICULARLY WHERE IT IS NECESSARY TO ESTABLISH WHETHER A CAUSAL CONNECTION EXISTS BETWEEN THE PATHOLOGICAL SYMPTOMS EXHIBITED BY THE OFFICIAL AND THE LAWFUL PERFORMANCE OF THE DUTIES CORRESPONDING TO A POST IN HIS CAREER BRACKET . IF THE ANSWER TO THAT QUESTION IS NO, THE FIRST AND SECOND