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Document 61990CJ0283

Summary of the Judgment

Keywords
Summary

Keywords

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Officials - Social security - Insurance against accidents and occupational diseases - Establishing the existence of an occupational disease - Access by the official to documents in the medical file - Indirect access - Exception - Documents also having to appear in the personal file

(Staff Regulations, Arts 26 and 73; Rules on Insurance against the Risk of Accident and of Occupational Disease, Arts 21 and 23(1) )

Summary

In the context of a procedure for the recognition of an occupational disease, observance of the rights of the official is ensured, having regard to the particular nature of the documents in question, by the possibility for him to acquaint himself with the particulars in the file prepared by the appointing authority by the interposition of the doctor of his choice and to appoint a doctor to defend his interests within the Medical Committee.

Documents drawn up within the framework of that procedure need be placed in the personal file, to which the official has direct access pursuant to Article 26 of the Staff Regulations, only where those documents are used for the appraisal or alteration of the official' s administrative status by the institution to which he belongs.

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