.
17 WITH REGARD TO THE FIRST PART OF THE QUESTION, IT IS SUFFICIENT TO NOTE THAT THE WORKER' S OBLIGATION TO SUBMIT THE CERTIFICATE OF INCAPACITY FOR WORK TO THE INSTITUTION OF THE PLACE OF RESIDENCE WITHIN THREE DAYS AFTER THE COMMENCEMENT OF THE INCAPACITY CARRIES NO SANCTION . IT FOLLOWS THAT EITHER THE MEDICAL OFFICER OF THE LATTER INSTITUTION IS NO LONGER IN A POSITION TO DIAGNOSE THE INCAPACITY, IN WHICH THE WORKER MUST HIMSELF BEAR THE CONSEQUENCES OF THE OMISSION, OR THE EXAMINATION CAN STILL TAKE PLACE, IN WHICH CASE THE PROCEDURE WILL TAKE THE NORMAL COURSE .
18 WITH REGARD TO THE SECOND PART OF THE QUESTION, IT SHOULD BE POINTED OUT THAT, AS THE COURT DECIDED IN ITS JUDGMENT OF 6 OCTOBER 1982 ( CASE 302/81 EGGERS V HAUPTZOLLAMT KASSEL (( 1982 )) ECR 3443 ), THE PRINCIPLE THAT PROCEDURAL DEFECTS WHICH ARE BEYOND THE CONTROL OF THE BENEFICIARY MUST NOT HAVE EFFECTS WHICH ARE UNFAVOURABLE TO HIM MUST BE REGARDED AS A GENERAL PRINCIPLE OF LAW .
19 THE REPLY TO THE SECOND QUESTION SHOULD THEREFORE BE THAT THE ANSWER TO THE FIRST QUESTION REMAINS UNALTERED IF THE PERSON CONCERNED DID NOT APPLY TO THE INSTITUTION OF THE PLACE OF RESIDENCE BY SUBMITTING A CERTIFICATE OF INCAPACITY FOR WORK AS REQUIRED BY ARTICLE 18 ( 1 ) OF REGULATION NO 574/72 OR IF THAT INSTITUTION HAS MEDICAL EXAMINATIONS CARRIED OUT WITHOUT OBSERVING THE TIME-LIMITS PRESCRIBED IN ARTICLE 18 ( 3 ) OF THAT REGULATION FOR THAT PURPOSE AND FOR FORWARDING THE MEDICAL REPORT TO THE COMPETENT INSTITUTION .
THIRD AND FOURTH QUESTIONS
20 THE THIRD AND FOURTH QUESTIONS CONCERN THE INTERPRETATION OF ARTICLE 18 ( 5 ) OF REGULATION NO 574/72 AS REGARDS THE COMPETENT INSTITUTION' S OPTION OF HAVING THE WORKER EXAMINED BY A DOCTOR OF ITS CHOICE .
21 THE COURT CONSIDERS THAT THAT PROVISION MAY NOT BE INTERPRETED AS MEANING THAT THE WORKER MAY BE REQUIRED TO RETURN TO THE MEMBER STATE IN WHICH THE COMPETENT INSTITUTION IS SITUATED IN ORDER TO UNDERGO THERE A MEDICAL EXAMINATION WHEN HE IS UNABLE TO WORK OWING TO ILLNESS . SUCH AN OBLIGATION WOULD BE INCOMPATIBLE WITH DUE CONCERN FOR THE HEALTH OF THE WORKER . THE EXAMINATION IN QUESTION CAN BE CARRIED OUT BY THE COMPETENT INSTITUTION EITHER BY SENDING A DOCTOR TO EXAMINE THE WORKER IN THE MEMBER STATE IN WHICH HE RESIDES OR BY AVAILING ITSELF OF THE SERVICES OF A DOCTOR IN THE LATTER STATE . IF THE WORKER DOES NOT ACCEPT SUCH AN EXAMINATION, IT FOLLOWS FROM THE PROVISION AT ISSUE THAT THE COMPETENT INSTITUTION IS NOT BOUND BY THE FINDINGS MADE BY THE INSTITUTION OF THE PLACE OF RESIDENCE .
22 THE REPLY TO THE THIRD AND FOURTH QUESTIONS SHOULD THEREFORE BE THAT ARTICLE 18 ( 5 ) OF REGULATION NO 574/72 MUST BE INTERPRETED AS MEANING THAT THE COMPETENT INSTITUTION MAY HAVE THE PRESCRIBED EXAMINATION CARRIED OUT BY A DOCTOR OF ITS CHOICE, INCLUDING A DOCTOR IN