Keywords
Summary

Keywords

1 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - DETERMINATION WHETHER AN OFFICIAL IS SUFFERING FROM AN OCCUPATIONAL DISEASE AND RECOGNITION OF INVALIDITY - DISTINCT PROCEDURES - MEDICAL REPORTS RELATING TO THE RECOGNITION OF INVALIDITY - WHETHER SUCH REPORTS ARE TO BE TAKEN INTO ACCOUNT IN ORDER TO ESTABLISH THAT THE OFFICIAL IS SUFFERING FROM AN OCCUPATIONAL DISEASE - DUTY OF THE ADMINISTRATION - ABSENCE OF DUTY

( STAFF REGULATIONS , ARTS 73 AND 78 )

2 . OFFICIALS - SOCIAL SECURITY - INSURANCE AGAINST ACCIDENT AND OCCUPATIONAL DISEASE - OCCUPATIONAL DISEASE - DETERMINATION - DRAWING UP OF DRAFT DECISION - DISCRETION OF THE ADMINISTRATION WITH REGARD TO THE FINDINGS OF THE MEDICAL REPORTS

( STAFF REGULATIONS , ART . 73 ; RULES ON THE INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE , ARTS 16 , 17 AND 18 )

Summary

1 . IN THE COURSE OF THE PROCEDURE TO DETERMINE WHETHER AN OFFICIAL IS SUFFERING FROM AN OCCUPATIONAL DISEASE THE APPOINTING AUTHORITY IS UNDER NO DUTY TO TAKE ACCOUNT OF MEDICAL REPORTS DRAWN UP IN CONNECTION WITH THE PROCEDURE FOR THE RECOGNITION OF THE OFFICIAL ' S INVALIDITY , SINCE THE PROCEDURES LEADING TO THE IMPLEMENTATION OF ARTICLES 73 AND 78 OF THE STAFF REGULATIONS ARE DISTINCT AND GIVE RISE TO SEPARATE DECISIONS INDEPENDENT OF EACH OTHER .

2.IN ADOPTING THE DRAFT DECISION CLOSING THE ADMINISTRATIVE INQUIRY PROVIDED FOR IN ARTICLES 16 , 17 AND 18 OF THE RULES ON INSURANCE OF OFFICIALS OF THE EUROPEAN COMMUNITIES AGAINST THE RISK OF ACCIDENT AND OCCUPATIONAL DISEASE THE ADMINISTRATION IS NOT BOUND BY THE OPINION ISSUED BY A DOCTOR APPOINTED BY IT .