CELEX: 62016TA0567
Language: en
Date: 2018-10-23 00:00:00
Title: Case T-567/16: Judgment of the General Court of 23 October 2018 — McCoy v Committee of the Regions (Civil Service — Officials — Social security — Occupational disease — Occupational origin of the disease — Fifth paragraph of Article 78 of the Staff Regulations — Invalidity Committee — Obligation to state reasons — Manifest error of assessment — Liability — Non-material damage)

3.12.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 436/36
            
         
      Judgment of the General Court of 23 October 2018 — McCoy v Committee of the Regions
      (Case T-567/16) (1)
      
      ((Civil Service - Officials - Social security - Occupational disease - Occupational origin of the disease - Fifth paragraph of Article 78 of the Staff Regulations - Invalidity Committee - Obligation to state reasons - Manifest error of assessment - Liability - Non-material damage))
      (2018/C 436/50)
      Language of the case: French
      
         Parties
      
      
         Applicant: Robert McCoy (Brussels, Belgium) (represented by: L. Levi, lawyer)
      
         Defendant: Committee of the Regions (represented by: J. C. Cañoto Argüelles and S. Bachotet, acting as Agents, and by B. Wägenbaur, lawyer)
      
         Re:
      
      Application based on Article 270 TFEU and seeking, first, annulment of the decision of the Committee of the Regions of 2 December 2014 confirming the conclusions of the Invalidity Committee of 7 May 2014 by which it rejected the applicant’s request to recognise the occupational origin of the disease from which he is suffering and, secondly, to compensate for the non-material damage of EUR 25 000 which the applicant allegedly suffered.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls the decision of the Bureau of the Committee of the Regions of 2 December 2014 refusing to recognise the occupational origin of the disease resulting in Mr Robert McCoy's invalidity within the meaning of the fifth paragraph of Article 78 of the Staff Regulations.
               
            
                  2.
               
               
                  Orders the Committee of the Regions to pay Mr McCoy the sum of EUR 5 000.
               
            
                  3.
               
               
                  Orders the Committee of the Regions is to pay the costs.
               
            
         (1)  OJ C 7 of 11.1.2016 (case initially registered before the European Union Civil Service Tribunal under Case No F-139/15 and transferred to the General Court of the European Union on 1.9.2016).