BE UNABLE TO OBTAIN COVER UNDER ANY OTHER PUBLIC SCHEME OF SICKNESS INSURANCE, ARTICLE 3 ( 3 ) OF THE INSURANCE RULES IS CONTRARY TO ARTICLE 72 ( 1 ) OF THE STAFF REGULATIONS, WHICH ITSELF DEFINES THE CATEGORIES OF PERSONS COVERED AND THE CONDITIONS OF SICKNESS INSURANCE COVER . SHE CLAIMS THAT THE INSURANCE RULES MAY NOT LAY DOWN ANY SUPPLEMENTARY CONDITION BUT ONLY DEAL WITH POINTS OF DETAIL AND SECONDARY POINTS RELATING TO THE APPLICATION OF ARTICLE 72 OF THE STAFF REGULATIONS .
8 THE APPLICANT GOES ON TO ARGUE THAT, IN ADDITION, ANY DELEGATION BY THE COUNCIL TO THE AUTHORS OF THE INSURANCE RULES ( IN THIS CASE THE COMMISSION ) OF THE POWER TO LAY DOWN SUPPLEMENTARY CONDITIONS WOULD BE CONTRARY TO THE PRINCIPLE THAT A DELEGATED POWER MAY NOT RELATE TO THE ESSENTIAL PART OF THE RESPONSIBILITIES OF THE PERSON DELEGATING THEM . ACCORDING TO ARTICLE 24 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES IT IS FOR THE COUNCIL TO LAY DOWN THE STAFF REGULATIONS .
9 THE COMMISSION CONTENDS THAT IT IS CLEAR FROM ARTICLE 72 ( 1 ) OF THE STAFF REGULATIONS THAT THE CONDITIONS FOR SICKNESS INSURANCE COVER SET OUT THEREIN ARE NOT EXHAUSTIVE . THE PHRASE : " ... SUBJECT TO RULES ..." MEANS THAT THE STAFF REGULATIONS DELEGATE TO THE INSTITUTIONS THE POWER TO LAY DOWN RULES IN THAT FIELD AND HENCE TO ADD ANY OBJECTIVELY JUSTIFIED CONDITIONS ON ELIGIBILITY FOR SICKNESS INSURANCE COVER .
10 IT SHOULD BE POINTED OUT THAT, BY PROVIDING THAT AN OFFICIAL AND HIS SPOUSE, CHILDREN AND OTHER DEPENDANTS ARE INSURED AGAINST SICKNESS UP TO A GIVEN PERCENTAGE OF THE EXPENDITURE INCURRED, SUBJECT TO RULES COMMON TO ALL THE INSTITUTIONS, ARTICLE 72 ( 1 ) OF THE STAFF REGULATIONS LEAVES IT TO THE AUTHORS OF THOSE RULES TO DEFINE THE SCOPE OF THE INSURANCE COVER IN QUESTION, IN KEEPING WITH THE STAFF REGULATIONS AND THE OBJECTIVES WHICH THEY PURSUE .
11 IT SHOULD FURTHER BE NOTED THAT, IN CERTAIN CASES, ARTICLE 72 ITSELF IMPOSES THE SUPPLEMENTARY RESTRICTION THAT THE PERSON COVERED MUST NOT BE INSURED AGAINST SICKNESS UNDER ANY OTHER SCHEME : FOR EXAMPLE, UNDER ARTICLE 72 ( 1 ) THE OFFICIAL' S SPOUSE IS COVERED BY THE COMMUNITY SCHEME "WHERE (( HE OR SHE )) IS NOT ELIGIBLE FOR BENEFITS OF THE SAME NATURE AND OF THE SAME LEVEL BY VIRTUE OF ANY OTHER LEGAL PROVISION ..."; SIMILARLY, ARTICLE 72 ( 1A ) PROVIDES FOR COVER FOR "AN OFFICIAL WHOSE SERVICE TERMINATES AND WHO PROVIDES EVIDENCE THAT HE CANNOT BE COVERED BY ANY OTHER PUBLIC SCHEME OF SICKNESS INSURANCE ...", AND, BY VIRTUE OF ARTICLE 72 ( 1B ), COVER ALSO EXTENDS TO "THE EX-SPOUSE OF AN OFFICIAL, A CHILD WHO CEASES TO BE AN OFFICIAL' S DEPENDANT OR A PERSON WHO CEASES TO BE TREATED AS A DEPENDENT CHILD WITHIN THE MEANING OF ARTICLE 2 OF ANNEX VII TO THE STAFF REGULATIONS" IF SUCH PERSON