THE JOINT RULES WHICH REFERS TO THE EUROPEAN LIST OF OCCUPATIONAL DISEASES . THE ENUMERATION OF OCCUPATIONAL DISEASES IN THAT LIST AND THE PREAMBLE TO THECOMMISSION ' S RECOMMENDATION ESTABLISHING THAT LIST SHOW THAT THE CONCEPT OF AN OCCUPATIONAL DISEASE IS CLEAR AND STRICT . ALTHOUGH ARTICLE 3 ( 2 ) OF THE JOINT RULES DOES NOT REFER TO THE EUROPEAN LIST OF OCCUPATIONAL DISEASES , UNDUE IMPORTANCE SHOULD NOT BE ATTRIBUTED TO THAT PROVISION SINCE ITS SOLE PURPOSE IS TO PREVENT THE INEVITABLY INCOMPLETE NATURE OF THE LIST FROM CAUSING INJUSTICE IN INDIVIDUAL CASES .
13 WITH REGARD TO THE SPECIFIC CASE OF MR X ., THE DEFENDANT MAINTAINS THAT DR DURET-COSYNS , THE SPECIALIST CONSULTED ABOUT THE CASE , WAS NOT GIVEN A PROPER INDICATION OF HER TASK AND THAT IN ANY EVENT SHE OMITTED TO STATE IN HER REPORT WHETHER OR NOT THE RISK OF THE DISEASE ESTABLISHED WAS INHERENT IN THE DUTIES PERFORMED AT THE COMMISSION ; SUCH A CAUSAL LINK CANNOT BE ESTABLISHED IN THE PARTICULAR CIRCUMSTANCES OF THIS CASE SINCE MR X . ' S ILLNESS WAS NOT CAUSED BY HIS OCCUPATION BUT BY HIS INABILITY TO ADAPT HIMSELF TO THE POSITION ASSIGNED TO HIM BY THE COMMISSION UNDER THE STAFF REGULATIONS .
14 THE COMMISSION CONSIDERS THAT THE INTERPRETATION PROPOSED BY THE DEFENDANT IS NOT CONSISTENT WITH THE LANGUAGE OF ARTICLE 3 OF THE JOINT RULES . THAT PROVISION MAKES A VERY CLEAR DISTINCTION BETWEEN DISEASES ON THE EUROPEAN LIST OF OCCUPATIONAL DISEASES AND DISEASES ARISING IN THE COURSE OF OR IN CONNECTION WITH THE PERFORMANCE OF DUTIES FOR THE COMMUNITIES . IN ORDER TO DETERMINE WHETHER A DISEASE FALLS WITHIN THE LATTER CATEGORY , THE BACKGROUND AND GENERAL SCHEME OF THE EUROPEAN LIST ARE IRRELEVANT .
15 IN THE COMMISSION ' S VIEW , THERE IS NO ARGUMENT FOR RESTRICTING THE DISEASES REFERRED TO IN ARTICLE 3 ( 2 ) OF THE JOINT RULES TO THOSE WHICH ARISE FROM THE ABNORMALLY PATHOGENIC NATURE OF THE ENVIRONMENT IN WHICH THE DUTIES ARE PERFORMED . SUCH A NARROW VIEW WOULD MEAN THAT OFFICIALS PERFORMING ADMINISTRATIVE DUTIES WOULD ALMOST NEVER BE CAPABLE OF CONTRACTING AN OCCUPATIONAL DISEASE .
16 IN THE LIGHT OF THOSE CONSIDERATIONS THE COMMISSION CONCLUDES THAT THE SOLE CAUSAL LINK WHICH MUST BE ESTABLISHED BETWEEN A GIVEN DISEASE AND THE OCCUPATIONAL ACTIVITY OF AN OFFICIAL IS FOR THE DISEASE TO ARISE ' IN THE COURSE OF OR IN CONNECTION WITH THE PERFORMANCE OF HIS DUTIES ' . IN THIS CASE THE SPECIALIST ' S REPORT STATED THAT MR X . ' S ILLNESS HAD IN FACT ARISEN FROM HIS OCCUPATION . IN THOSE CIRCUMSTANCES THE DEFENDANT CANNOT REFUSE TO BEAR THE FINANCIAL CONSEQUENCES , AS PROVIDED FOR BY THE COLLECTIVE INSURANCE POLICY .
17 IT MUST BE POINTED OUT FIRST OF ALL THAT , IN VIEW OF THE PROVISIONS OF THE JOINT RULES TO WHICH THE INSURANCE POLICY REFERS , IT IS NOT FOR THE COURT TO DECIDE WHETHER IN A PARTICULAR