ACCIDENT AND OF OCCUPATIONAL DISEASE ,
Grounds
1 BY AN APPLICATION WHICH WAS LODGED AT THE COURT REGISTRY ON 18 JUNE 1984 , GEORGIO BERNARDI , AN OFFICIAL OF THE EUROPEAN PARLIAMENT GRANTED EARLY RETIREMENT ON THE GROUNDS OF INVALIDITY , BROUGHT AN ACTION FIRST FOR THE ANNULMENT OF A DECISION OF THE EUROPEAN PARLIAMENT OF 4 OCTOBER 1983 HOLDING THAT HE WAS NOT SUFFERING FROM AN OCCUPATIONAL DISEASE AND THEREFORE REFUSING TO PAY HIM THE BENEFITS PROVIDED FOR IN ARTICLE 73 OF THE STAFF REGULATIONS IN THE EVENT OF PERMANENT PARTIAL INVALIDITY AS A RESULT OF AN OCCUPATIONAL DISEASE , AND SECONDLY FOR THE ANNULMENT OF A DECISION OF PARLIAMENT OF 10 NOVEMBER 1983 REFUSING TO REPAY HIM VARIOUS SUMS .
2 BETWEEN 1979 AND 1983 TWO MEDICAL INQUIRY PROCEDURES WERE CARRIED OUT WITH RESPECT TO THE APPLICANT , A TRANSLATOR IN GRADE L/A 5 IN THE TRANSLATION DIVISION OF PARLIAMENT .
3 THE FIRST PROCEDURE WAS INITIATED BY PARLIAMENT OF ITS OWN MOTION ON THE BASIS OF THE FOURTH SUBPARAGRAPH OF ARTICLE 59 ( 1 ) OF THE STAFF REGULATIONS . SINCE MR BERNARDI ' S SICK-LEAVE HAD TOTALLED MORE THAN 12 MONTHS IN A PERIOD OF THREE YEARS , PARLIAMENT DECIDED , ON 8 OCTOBER 1979 , TO REFER THE CASE TO THE INVALIDITY COMMITTEE PROVIDED FOR IN THE SAID ARTICLE 59 . ON 1 DECEMBER 1981 THE INVALIDITY COMMITTEE HELD THAT THE APPLICANT WAS SUFFERING FROM TOTAL PERMANENT INVALIDITY WHICH MADE IT IMPOSSIBLE FOR HIM TO CARRY OUT THE DUTIES ATTACHING TO A POST IN HIS CAREER BRACKET . BY DECISION OF 5 MARCH 1982 , PARLIAMENT AUTHORIZED THE APPLICANT TO TAKE EARLY RETIREMENT AND GRANTED HIM , WITH EFFECT FROM 1 MARCH 1982 , AN INVALIDITY PENSION AMOUNTING TO 70% OF HIS LAST BASIC SALARY . THE APPLICANT DOES NOT CONTEST THE LAWFULNESS OF THAT PROCEDURE .
4 IN THE COURSE OF THAT FIRST PROCEDURE , PARLIAMENT ORDERED THAT TWO MEDICAL EXAMINATIONS BE CARRIED OUT ON MR BERNARDI , ONE BY DR CIS ON 5 DECEMBER 1979 , THE OTHER BY DR LIESCHKE ON 23 APRIL 1981 . PARLIAMENT CONTENDS THAT THOSE TWO MEDICAL EXAMINATIONS WERE PART OF AN INFORMAL INQUIRY CARRIED OUT BY THE ADMINISTRATION INTO THE REASON FOR MR BERNARDI ' S REPEATED ABSENCES . FOR HIS PART , THE APPLICANT CLAIMS THAT DR CIS AND DR LIESCHKE WERE APPOINTED IN CONNECTION WITH THE SECOND PROCEDURE , WHICH WILL BE DISCUSSED HEREAFTER .
5 THE SECOND PROCEDURE , WHICH WAS CARRIED OUT ON THE BASIS OF ARTICLE 73 OF THE STAFF REGULATIONS AND ARTICLES 17 TO 23 OF THE RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OF OCCUPATIONAL DISEASE ( ' THE RULES ' ), WAS COMMENCED ON THE APPLICANT ' S INITIATIVE . ON 27 MARCH 1979 , THE APPLICANT SUBMITTED TO PARLIAMENT THE STATEMENT REFERRED TO IN ARTICLE 17 ( 1 ) OF THE RULES WITH A VIEW TO OBTAINING THE BENEFITS