CONFIDENTIALITY MUST ALSO APPLY VIS-A-VIS PERSONS ENTITLED UNDER A DECEASED OFFICIAL, EVEN IF THAT OFFICIAL HAD, AS IN THIS CASE, RELEASED THE DOCTORS FROM THEIR DUTY OF CONFIDENTIALITY .
12 BY PROVIDING FOR INDIRECT ACCESS TO DOCUMENTS OF A MEDICAL NATURE THROUGH THE INTERPOSITION OF A MEDICAL EXAMINER APPOINTED BY THE OFFICIAL, THE RULES RECONCILE THE RIGHTS OF THE OFFICIAL OR THOSE ENTITLED UNDER HIM WITH THE REQUIREMENTS OF MEDICAL CONFIDENTIALITY .
13 AS REGARDS THE CLASSIFICATION OF THE DOCUMENTS TO WHICH THE APPLICANT SEEKS ACCESS THROUGH CONSULTATION OF THE PERSONAL FILE, IT SHOULD BE STRESSED THAT THE MEDICAL FINDINGS RECORDED BY THE DOCTORS AND EXPERTS ARE UNQUESTIONABLY OF AN EXCLUSIVELY MEDICAL NATURE . DOCUMENTS RELATING TO THE FINDINGS OF FACT CONCERNING AN INCIDENT AT WORK WHICH MAY SERVE AS A BASIS FOR A PROCEDURE FOR THE RECOGNITION OF THE EXISTENCE OF AN ACCIDENT AT WORK OR AN OCCUPATIONAL DISEASE WITHIN THE MEANING OF THE RULES MUST ALSO BE RECOGNIZED AS BEING OF A MEDICAL NATURE, WHICH DOES NOT MEAN THAT SUCH DOCUMENTS MAY NOT, IN AN APPROPRIATE CASE, AFFECT THE OFFICIAL' S ADMINISTRATIVE STATUS IN SO FAR AS THE FACTS WHICH THEY RECOUNT FORM THE BASIS OF REPORTS CONCERNING THE ABILITY, EFFICIENCY OR CONDUCT OF THE OFFICIAL . IF THAT IS THE CASE THEN THOSE DOCUMENTS MUST APPEAR IN THE PERSONAL FILE .
14 IT MUST, HOWEVER, BE STATED THAT IN THIS CASE IT HAS NEITHER BEEN PROVED NOR EVEN ALLEGED THAT THE FACTUAL FINDINGS WITH REGARD TO THE CONTAMINATION HAD ANY INFLUENCE ON THE ADMINISTRATIVE STATUS OR THE ADMINISTRATIVE CAREER OF THE LATE MR STRACK . CONSEQUENTLY, THE COMMISSION WAS RIGHT IN NOT PLACING THOSE DOCUMENTS IN THE PERSONAL FILE PROVIDED FOR BY ARTICLE 26 OF THE STAFF REGULATIONS .
15 THE DOCUMENTS WHICH THE COMMISSION PRODUCED TO THE COURT AFTER THE HEARING AND WHICH DID NOT APPEAR EITHER IN THE PERSONAL FILE OR IN THE FILE PRESENTED TO THE MEDICAL COMMITTEE ESSENTIALLY CONTAIN THE FINDINGS CONCERNING THE INCIDENT IN 1970 AND ITS CONSEQUENCES . SINCE THE COMMISSION HAD NO INTENTION OF USING THESE DOCUMENTS FOR ADMINISTRATIVE PURPOSES THEY ASSUME IMPORTANCE SOLELY IN THE CONTEXT OF THE PROCEDURE FOR RECOGNITION OF AN OCCUPATIONAL DISEASE, AND FOR THIS REASON DID NOT HAVE TO APPEAR IN THE PERSONAL FILE PROVIDED FOR IN ARTICLE 26 . THE FACT THAT THOSE DOCUMENTS WERE NOT PART OF THE FILE SENT TO THE MEDICAL COMMITTEE MAY POSSIBLY HAVE AN EFFECT ON THE REGULARITY OF THAT PROCEDURE BUT DO NOT FALL TO BE CONSIDERED BY THE COURT IN THIS ACTION .
16 IN THOSE CIRCUMSTANCES IT MUST BE HELD THAT THE COMMISSION DID ALLOW THE APPLICANT ACCESS TO THE COMPLETE PERSONAL FILE OF HER DECEASED HUSBAND AND THAT IT WAS RIGHT IN REFUSING HER ACCESS TO THE DOCUMENTS OF A MEDICAL NATURE OUTSIDE THE SPECIAL PROCEDURE PROVIDED FOR THAT PURPOSE .
17 THE ACTION MUST THEREFORE BE DISMISSED AS UNFOUNDED .
Decision on costs
COSTS
18 UNDER THE SECOND SUBPARAGRAPH OF ARTICLE 69*(3 ) OF