THE STAFF INSURANCE SCHEME ARE INSUFFICIENT TO PROVIDE FULL COMPENSATION FOR THE INJURY SUFFERED .
14 THE MATTER WHICH MUST THEREFORE BE EXAMINED NEXT IS WHETHER THE COMMISSION MUST BE HELD LIABLE FOR THE ACCIDENT AND , IF SO , WHETHER THE BENEFITS PAYABLE UNDER THE INSURANCE SCHEME ARE INSUFFICIENT TO PROVIDE FULL COMPENSATION FOR THE INJURY AND WHETHER THE EXISTENCE OF A CAUSAL LINK IS SUFFICIENTLY PROVED .
THE COMMISSION ' S LIABILITY
15 THE COMMISSION ' S ARGUMENT THAT THE QUESTION OF ITS LIABILITY MUST BE EXAMINED WITH REGARD TO GERMAN LAW ON ROAD-TRAFFIC ACCIDENTS , AS THE LEX LOCI DELICTI COMMISSI , CANNOT BE ACCEPTED SINCE THE APPLICANT WAS ON A MISSION AUTHORIZED BY THE COMMISSION AND WAS TRAVELLING IN A CAR BELONGING TO THE COMMISSION DRIVEN BY A CHAUFFEUR WHO WAS ALSO AN OFFICIAL OF THE COMMISSION . IT WAS THEREFORE AN ACCIDENT AT WORK AND THE QUESTION TO BE CONSIDERED IS WHETHER THE COMMISSION FAILED TO EXERCISE THE DILIGENCE REQUIRED OF IT QUA EMPLOYER AS REGARDS THE INSPECTION , MAINTENANCE AND USE OF THE OFFICIAL CAR .
16 ACCORDING TO A TECHNICAL EXPERT ' S REPORT DRAWN UP AT THE REQUEST OF THE GERMAN PUBLIC PROSECUTOR ' S OFFICE , THE ACCIDENT OCCURRED BECAUSE THE TREAD CAME AWAY FROM A TYRE . THE REPORT MENTIONS A NUMBER OF POSSIBLE CAUSES , SOME OF WHICH COULD BE ATTRIBUTABLE TO POOR MAINTENANCE OR INADEQUATE INSPECTION OF THE VEHICLE OR TO NEGLIGENT USE . THE COMMISSION HAS NOT FURNISHED ANY EVIDENCE ENABLING THE COURT TO ESTABLISH TO WHICH OF THOSE FACTORS THE DETACHMENT OF THE TREAD MUST BE ATTRIBUTED .
17 AS THE COMMISSION WAS BEST PLACED TO PROVIDE EVIDENCE IN THAT RESPECT , SUCH UNCERTAINTY MUST BE CONSTRUED AGAINST IT . THE APPLICANTS ' CONTENTION THAT THE ACCIDENT WAS DUE TO NEGLIGENCE FOR WHICH THE COMMISSION IS LIABLE MUST THEREFORE BE ACCEPTED .
THE INJURY SUFFERED AND THE CAUSAL LINK
18 THE INFORMATION PROVIDED TO THE COURT JUSTIFIES THE FINDING THAT THE EXTREMELY SERIOUS INJURIES SUSTAINED BY MR LEUSSINK HAVE HAD CONSEQUENCES WHICH WERE NOT ONLY ECONOMIC , PARTICULARLY AS FAR AS HIS FAMILY AND SOCIAL RELATIONSHIPS ARE CONCERNED . SUCH CONSEQUENCES CONSTITUTE NON-MATERIAL DAMAGE GIVING RISE TO ENTITLEMENT TO COMPENSATION . NONE OF THE DOCUMENTS LAID BEFORE THE COURT CAST DOUBT ON THE EXISTENCE OF A CAUSAL LINK BETWEEN THE ACCIDENT AND THAT INJURY . AS FAR AS MR LEUSSINK ' S APPLICATION IS CONCERNED , IT THEREFORE MERELY REMAINS TO CONSIDER WHETHER , AND IF SO TO WHAT EXTENT , THE BENEFITS PAID UNDER THE INSURANCE SCHEME PROVIDED FOR BY THE STAFF REGULATIONS CONSTITUTE APPROPRIATE COMPENSATION .
19 AS THE COURT HAS HELD IN ITS JUDGMENT OF 2 OCTOBER 1979 IN CASE 152/77 MISS B V COMMISSION ( 1979 ) ECR 2819 , PSYCHOLOGICAL AND NON-PHYSICAL CONSEQUENCES MUST BE TAKEN INTO ACCOUNT WHEN DETERMINING THE RATE OF INVALIDITY UNDER THE INSURANCE SCHEME PROVIDED FOR BY THE STAFF REGULATIONS . A BREAKDOWN OF THE RATE OF