18 IN THE CIRCUMSTANCES THE COURT HAS UNQUESTIONABLY JURISDICTION UNDER ARTICLE 179 OF THE EEC TREATY . THE OBJECTION THAT IT LACKS JURISDICTION MUST THEREFORE BE DISMISSED .
SUBSTANCE OF THE CASE
19 THE COMMISSION MAINTAINS FIRST THAT LIABILITY FOR THE CONSEQUENCES OF THE ACCIDENT ATTACHES NOT TO THE COMMISSION BUT TO THE ASSISTANTS - WHO ARE NEITHER ITS EMPLOYEES NOR ITS AGENTS - RESPONSIBLE FOR SUPERVISING THE CHILDREN OR TO THE PRIVATE UNDERTAKING OPERATING THE HOLIDAY CENTRE , WHICH IS A LEGAL PERSON DISTINCT FROM THE COMMUNITY INSTITUTIONS .
20 IN ANY CASE , THE COMMISSION MAINTAINS , THE CONDITIONS FOR LIABILITY ON ITS PART ARE NOT MET SINCE THE APPLICANT HAS FAILED TO DISCHARGE ITS BURDEN OF PROVING THE EXISTENCE OF A WRONGFUL ACT OR OMISSION ON THE PART OF EITHER THE ASSISTANTS OR THE INSTITUTION .
21 THE ARGUMENTS ADDUCED BY THE COMMISSION ARE NOT GERMANE TO THE ISSUE . IT MUST BE REMEMBERED THAT THE ABOVE-MENTIONED STAFF MEMORANDUM ON HOLIDAY CAMPS REFERRED TO ' ' INSURANCE ' ' THE COST OF WHICH WAS INCLUDED IN THE COST OF THE HOLIDAY , AND THE COMMISSION IN FACT , IN ADDITION TO THE POLICY COVERING ITS OWN CIVIL LIABILITY , OBTAINED FURTHER INSURANCE AGAINST PERSONAL ACCIDENTS FOR THE CHILDREN PARTICIPATING IN THE HOLIDAY CAMPS .
22 IT IS CLEAR THEREFORE THAT THE COMMISSION , IN ITS CAPACITY AS AN EMPLOYER , GAVE AN UNDERTAKING TO THE MEMBERS OF ITS STAFF WHOSE CHILDREN TOOK PART IN THE HOLIDAY CAMPS TO ENSURE , BY MEANS OF INSURANCE , THAT COMPENSATION WOULD BE PROVIDED FOR THE ORDINARY AND FORESEEABLE CONSEQUENCES - SUCH AS THE NEED FOR PROSTHESES OR THE REPAIR OF AESTHETIC INJURY - OF ANY ACCIDENT WHICH MIGHT BE SUSTAINED BY THE CHILDREN DURING THEIR STAY AT THE HOLIDAY CAMP .
23 IT APPEARS , HOWEVER , THAT THE COMMISSION ARRANGED INSURANCE WHICH PROVIDED ONLY PARTIAL COVER , THAT IS TO SAY , WHICH DID NOT EXTEND TO ALL THE ORDINARY CONSEQUENCES OF AN ACCIDENT , AND , MOREOVER , OMITTED TO INFORM THE PARENTS OF THAT FACT IN ADVANCE , SO THAT THEY RECEIVED NO OPPORTUNITY TO DECIDE WHETHER TO ACCEPT THE RISK , TO REFUSE THE OFFER OR TO ARRANGE SUPPLEMENTARY INSURANCE .
24 IT MUST THEREFORE BE HELD THAT WHEN THE COMMISSION UNDERTAKES TO ORGANIZE HOLIDAY CAMPS FOR THE CHILDREN OF ITS OFFICIALS AND OTHER EMPLOYEES AND TO ARRANGE INSURANCE FOR THE CHILDREN TO COVER THE INJURY RESULTING FROM ANY ACCIDENT WHICH THEY MAY SUSTAIN IN SUCH CAMPS , IT HAS A DUTY TO ENSURE THAT HOLIDAYS IN THOSE CAMPS TAKE PLACE UNDER THE APPROPRIATE CONDITIONS AND THAT IF AN ACCIDENT OCCURS COMPENSATION WILL BE PROVIDED IN FULL . IF THE INSTITUTION FAILS TO DO SO , AS IN THIS INSTANCE , ITS CONDUCT MUST BE REGARDED AS A WRONGFUL ACT OR OMISSION FOR WHICH IT IS LIABLE .
Decision on costs
25 ACCORDINGLY , THE COMMISSION MUST PAY THE COSTS OF THE PROSTHESES OR ANY PLASTIC