TOGETHER WITH INTEREST THEREON AT THE RATE OF 12% PER ANNUM FROM 5 APRIL 1983 TO THE DATE OF PAYMENT , AS COMPENSATION FOR THE NON-MATERIAL DAMAGE WHICH HE HAS ALLEGEDLY SUFFERED AS A RESULT OF AN ACCIDENT AT WORK .
2 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 2 AUGUST 1983 ( CASE 169/83 ), MRS BRUMMELHUIS , THE WIFE OF MR LEUSSINK , AND THEIR FOUR CHILDREN , MONICA , MIRJAM , MECHTELD AND MAUD LEUSSINK ( THE LAST THREE BEING LEGALLY REPRESENTED BY THEIR PARENTS ) BROUGHT AN ACTION UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY FOR AN AWARD OF BFR 3 000 000 FOR MRS BRUMMELHUIS AND BFR 1 000 000 FOR EACH OF THE CHILDREN , TOGETHER WITH INTEREST THEREON AT THE RATE OF 12% PER ANNUM FROM 5 APRIL 1983 TO THE DATE OF PAYMENT , AS COMPENSATION FOR THE NON-MATERIAL DAMAGE WHICH THEY ALLEGEDLY SUFFERED AS A RESULT OF MR LEUSSINK ' S ACCIDENT .
3 THE COURT ORDERED THE JOINDER OF THE TWO CASES FOR THE PURPOSES OF THE ORAL PROCEDURE AND THE JUDGMENT .
4 ON 7 APRIL 1978 MR LEUSSINK WAS INVOLVED IN A ROAD ACCIDENT IN THE FEDERAL REPUBLIC OF GERMANY WHILE TRAVELLING ON MISSION IN A CAR BELONGING TO THE COMMISSION DRIVEN BY A COMMISSION OFFICIAL . MR LEUSSINK WAS SERIOUSLY HURT AND SUFFERS FROM A NUMBER OF PERMANENT SEQUELAE . HE WAS NEVERTHELESS ABLE TO RESUME WORK AT THE COMMISSION .
5 THE MEDICAL COMMITTEE , SET UP UNDER ARTICLES 21 TO 23 OF 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 ' ), FOUND THAT THE PERMANENT INVALIDITY CAUSED BY THE ACCIDENT HAD TO BE ASSESSED AT 75% , 10% OF WHICH WAS FOR PSYCHOLOGICAL AND NON-MATERIAL DAMAGE . IN ACCORDANCE WITH THAT FINDING MR LEUSSINK RECEIVED THE SUM OF BFR 7 254 042 UNDER THE ACCIDENT INSURANCE PROVIDED FOR BY ARTICLE 73 OF THE STAFF REGULATIONS AND BY THE INSURANCE RULES .
6 MR LEUSSINK MAINTAINS THAT THAT SUM COVERS ONLY THE ECONOMIC CONSEQUENCES OF THE ACCIDENT AND NOT THE NON-MATERIAL DAMAGE . IN THAT CONNECTION HE POINTS OUT THAT , AS FAR AS HIS CAREER IS CONCERNED , HE HAS GIVEN UP ALL HOPE OF PROMOTION AND LIVES IN PERMANENT FEAR OF NOT BEING ABLE TO COPE WITH HIS DUTIES . IN HIS PRIVATE LIFE , HIS RELATIONS WITH HIS WIFE , CHILDREN AND FRIENDS HAVE BEEN IRREVERSIBLY DISRUPTED . LASTLY , HE CAN NO LONGER PRACTISE SPORT OR ENJOY THE PLEASURES OF EVERYDAY LIFE .
7 MRS BRUMMELHUIS AND THE FOUR CHILDREN SEEK COMPENSATION FOR THE NON-MATERIAL DAMAGE WHICH THEY HAVE SUFFERED OWING TO THE CHANGE OF CHARACTER AND PERSONALITY UNDERGONE BY THEIR HUSBAND AND FATHER AS A RESULT OF THE ACCIDENT , WHICH HAS PROFOUNDLY DISTURBED RELATIONS WITHIN THE FAMILY .
8