IGLESIAS, PRESIDENT OF THE CHAMBER, T . KOOPMANS AND C . KAKOURIS, JUDGES,
ADVOCATE GENERAL : C.O . LENZ
REGISTRAR : J.A . POMPE, DEPUTY REGISTRAR
HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 26 NOVEMBER 1986,
AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 6 OCTOBER 1987,
GIVES THE FOLLOWING
JUDGMENT
Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 14 NOVEMBER 1985, MRS ELISABETTA BRUNOTTI, AN OFFICIAL OF THE COMMISSION OF THE EUROPEAN COMMUNITIES, BROUGHT AN ACTION SEEKING ( A ) THE ANNULMENT OF THE DECISION OF 29 MARCH 1985 BY WHICH THE COMMISSION REFUSED TO CONTINUE TO ASSUME RESPONSIBILITY, AFTER 18 JANUARY 1985, FOR MEDICAL EXPENSES IN RESPECT OF HER MOTHER, AND ALSO THE ANNULMENT OF THE REJECTION OF HER COMPLAINT AGAINST THAT DECISION, AND ( B ) AN ORDER REQUIRING THE COMMISSION TO ASSUME RESPONSIBILITY FOR THOSE EXPENSES FROM THE DATE ON WHICH IT CEASED TO DO SO, PLUS DEFAULT INTEREST AT THE RATE OF 10% FROM THE DATE ON WHICH THE REIMBURSEMENTS BECAME DUE .
2 THE COMMISSION NOTIFIED THE CONTESTED DECISION TO THE APPLICANT AFTER BEING INFORMED THAT HER MOTHER WAS INSURED UNDER THE ITALIAN NATIONAL SCHEME, THE "SERVIZIO SANITARIO NAZIONALE ".
3 THE DECISION AT ISSUE IS BASED ON ARTICLE 3 OF THE "RULES ON SICKNESS INSURANCE FOR OFFICIALS OF THE EUROPEAN COMMUNITIES" ( HEREINAFTER REFERRED TO AS "THE INSURANCE RULES "), WHICH PROVIDES AS FOLLOWS :
"THE PERSONS COVERED BY A MEMBER' S INSURANCE SHALL BE :
1 . ...
2 . ...
3 . PERSONS TREATED AS DEPENDENT CHILDREN OF THE MEMBER PURSUANT TO ARTICLE 2 ( 4 ) OF ANNEX VII TO THE STAFF REGULATIONS, PROVIDED THAT SUCH PERSONS CANNOT OBTAIN COVER UNDER ANY OTHER PUBLIC SCHEME OF SICKNESS INSURANCE ".
4 ARTICLE 2 ( 4 ) OF ANNEX VII PROVIDES THAT ANY PERSON WHOM THE OFFICIAL HAS A LEGAL RESPONSIBILITY TO MAINTAIN AND WHOSE MAINTENANCE INVOLVES HEAVY EXPENDITURE MAY, EXCEPTIONALLY, BE TREATED AS IF HE WERE A DEPENDENT CHILD BY SPECIAL REASONED DECISION .
5 THE INSURANCE RULES WERE DRAWN UP PURSUANT TO THE AUTHORITY SET OUT IN ARTICLE 72 ( 1 ) OF THE STAFF REGULATIONS, WHICH PROVIDES THAT, UP TO CERTAIN PERCENTAGES OF THE EXPENDITURE INCURRED,
"AN OFFICIAL, ... HIS CHILDREN AND OTHER DEPENDANTS WITHIN THE MEANING OF ARTICLE 2 OF ANNEX VII ARE INSURED AGAINST SICKNESS ... SUBJECT TO RULES DRAWN UP BY AGREEMENT BETWEEN THE INSTITUTIONS OF THE COMMUNITIES AFTER CONSULTING THE STAFF REGULATIONS COMMITTEE ."
6 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
7 THE APPLICANT MAINTAINS THAT THE LEGAL BASIS OF THE CONTESTED DECISION IS INVALID . SHE ASSERTS THAT IN SO FAR AS IT REQUIRES THAT PERSONS TREATED AS DEPENDENT CHILDREN OF AN OFFICIAL MUST