THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE ( HEREINAFTER REFERRED TO AS ' ' THE RULES ' ' ), WHICH WAS INITIATED AT HIS REQUEST FOR THE PURPOSE OF ESTABLISHING THROUGH A MEDICAL COMMITTEE WHETHER HIS DISABLEMENT IS DUE TO AN OCCUPATIONAL DISEASE , MUST BE EXPEDITED .
ADMISSIBILITY
2 THE DEFENDANT INSTITUTION SUBMITTED DURING THE ORAL PROCEDURE THAT THE APPLICATION NO LONGER HAD ANY PURPOSE OWING TO THE FACT THAT THE INVALIDITY COMMITTEE REFERRED TO IN ARTICLES 53 AND 78 OF THE STAFF REGULATIONS HAD FOUND THAT THE APPLICANT WAS NOT INCAPABLE OF PERFORMING HIS DUTIES ON ACCOUNT OF PERMANENT INVALIDITY AND THAT HE HAD IN FACT RESUMED WORK , AT LEAST ON A PART-TIME BASIS . HOWEVER , COUNSEL FOR THE APPLICANT INFORMED THE COURT BEFORE THE SITTING THAT ALTHOUGH HE WOULD NOT BE APPEARING , HE ADHERED TO THE SUBMISSIONS WHICH HE HAD PUT FORWARD DURING THE WRITTEN PROCEDURE . FURTHERMORE , IT IS APPARENT THAT IF THE APPLICATION FOR ANNULMENT WERE GRANTED THERE WOULD BE NO FOUNDATION FOR THE FINDINGS OF THE INVALIDITY COMMITTEE . CONSEQUENTLY , IT IS NECESSARY TO GIVE JUDGMENT ON THE APPLICATION .
3 HOWEVER , THE SECOND HEAD OF CLAIM MUST BE DISMISSED FORTHWITH AS INADMISSIBLE : IN THE FIRST PLACE , BECAUSE THE COURT DOES NOT HAVE JURISDICTION TO ISSUE SUCH INSTRUCTIONS TO A MEDICAL COMMITTEE , AND SECONDLY BECAUSE THE DELAY IN THE PERFORMANCE OF THE TASK ENTRUSTED TO THAT COMMITTEE IS DUE PRIMARILY TO THE APPLICANT ' S FAILURE TO COOPERATE TO SUCH AN EXTENT THAT IT WAS NECESSARY FOR THE PURPOSE OF FORMING THAT COMMITTEE TO HAVE RECOURSE TO ARBITRATION BY THE PRESIDENT OF THE COURT . IN THESE CIRCUMSTANCES THE APPLICANT CANNOT BE PERMITTED TO PROTEST AGAINST A SITUATION WHICH HE HAS TO A GREAT EXTENT BROUGHT ABOUT HIMSELF .
SUBSTANCE
4 THE SITUATION OF WHICH THE APPLICANT COMPLAINS IS DUE TO THE EXISTENCE OF TWO STATUTORY PROCEDURES WHICH , WITHOUT PREJUDICE TO VOLUNTARY RESIGNATION , GOVERN INTER ALIA THE SITUATION OF AN OFFICIAL WHO IS INCAPABLE OF PERFORMING HIS DUTIES OWING TO HIS STATE OF HEALTH . THE PURPOSE OF THE FIRST PROCEDURE , WHICH IS DEALT WITH IN ARTICLES 53 , 59 AND 78 OF THE STAFF REGULATIONS , IS TO OBTAIN A FINDING THAT BY REASON OF HIS STATE OF HEALTH - WHATEVER THE NATURE OR CAUSE THEREOF - THE OFFICIAL IN QUESTION CANNOT PERFORM HIS DUTIES . IT LEADS TO THE TERMINATION OF THE OFFICIAL ' S SERVICE AND TO THE AWARD OF AN INVALIDITY PENSION . THE SECOND PROCEDURE , WHICH IS GOVERNED BY ARTICLE 73 OF THE STAFF REGULATIONS , SUPPLEMENTED BY THE RULES , LEADS , IF THERE IS A FINDING THAT THE OFFICIAL ' S INCAPACITY TO PERFORM HIS DUTIES WAS BROUGHT ABOUT BY AN OCCUPATIONAL DISEASE , TO THE PAYMENT OF A LUMP SUM BY WAY OF COMPENSATION , WHICH MAY BE REPLACED BY