THE AMOUNT OF HIS INVALIDITY PENSION HAD BEEN FIXED IN ACCORDANCE WITH THE THIRD PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS . THAT PROVISION STATES THAT WHERE THE INVALIDITY IS DUE TO SOME CAUSE OTHER THAN THOSE SPECIFIED IN THE SECOND PARAGRAPH OF ARTICLE 78 THE INVALIDITY PENSION IS TO BE EQUAL TO THE RETIREMENT PENSION TO WHICH THE OFFICIAL WOULD HAVE BEEN ENTITLED AT THE AGE OF 65 YEARS IF HE HAD REMAINED IN THE SERVICE UNTIL THAT AGE .
7 IN VIEW OF THE APPLICATION TO THE COURT AND IN THE HOPE OF DISCOVERING A SOLUTION QUICKLY , THE COUNCIL TWICE REFERRED THE MATTER BACK TO THE INVALIDITY COMMITTEE . IN A SECOND REPORT DATED 21 DECEMBER 1981 THE COMMITTEE STATED THAT THERE WAS IN FACT A CAUSAL RELATIONSHIP BETWEEN THE WORK OR WORKING CONDITIONS AND THE DETERIORATION IN THE APPLICANT ' S STATE OF HEALTH BUT THAT HIS INVALIDITY HAD NOT ARISEN FROM AN OCCUPATIONAL DISEASE .
8 THE THIRD REPORT DATED 25 JANUARY 1982 , HOWEVER , REVEALED A DIFFERENCE OF OPINION AMONGST THE DOCTORS . WHILE TWO MEMBERS OF THE COMMITTEE CONSIDERED THAT THE APPLICANT ' S INVALIDITY HAD NOT RESULTED FROM AN OCCUPATIONAL DISEASE , THE THIRD MEMBER STATED THAT THE APPLICANT WAS NOT SUFFERING FROM AN OCCUPATIONAL DISEASE CONTAINED IN THE LIST OF OCCUPATIONAL DISEASES GIVING RISE TO COMPENSATION ( STANDARD LIST 503 ). FURTHERMORE , IT IS CLEAR FROM THE EVIDENCE BEFORE THE COURT THAT TWO VERSIONS OF THIS REPORT WERE WRITTEN AND THAT THE FIRST , ALSO SIGNED ON 25 JANUARY 1982 , BUT SUBSEQUENTLY WITHDRAWN , STATED THAT , IN THE UNANIMOUS OPINION OF ALL THREE DOCTORS , ALTHOUGH THERE WAS A RELATIONSHIP BETWEEN THE APPLICANT ' S WORKING CONDITIONS AND THE DETERIORATION IN HIS STATE OF HEALTH , THE INVALIDITY DID NOT ARISE FROM AN OCCUPATIONAL DISEASE CONTAINED IN THE ABOVE-MENTIONED LIST OF SUCH DISEASES .
9 THE COUNCIL SUBMITS FIRST THAT THE APPLICANT HAS NO RIGHT TO BRING AN ACTION SINCE HE DID NOT FOLLOW THE PROPER PROCEDURE FOR ESTABLISHING THE EXISTENCE OF AN OCCUPATIONAL DISEASE IN ACCORDANCE WITH 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 INSURANCE RULES ' ' ). ACCORDING TO THOSE RULES , THE OFFICIAL MUST SUBMIT A STATEMENT CONCERNING THE DISEASE TO THE INSTITUTION WITHIN A REASONABLE PERIOD FOLLOWING THE ONSET OF THEREOF OR THE DATE ON WHICH IT WAS DIAGNOSED FOR THE FIRST TIME . THE INSTITUTION WILL THEN CONDUCT A MEDICAL INQUIRY AND NOTIFY ITS DRAFT DECISION TO THE OFFICIAL WHO MAY THEN REQUEST THE OPINION OF AN AD HOC MEDICAL COMMITTEE .
10 THAT SUBMISSION MUST BE REJECTED SINCE THE INSURANCE RULES DO NOT APPLY TO THIS CASE . IN FACT THEY WERE ADOPTED TO GIVE EFFECT TO ARTICLE 73 OF THE STAFF REGULATIONS , WHICH RELATES TO INSURANCE AGAINST THE RISK OF OCCUPATIONAL DISEASE AND OF ACCIDENT ,