Keywords
Summary

Keywords

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1.Officials - Act adversely affecting an official - Duty to state the reasons on which the decision is based - Purpose - Scope

( Staff Regulations of Officials, Art . 25, second paragraph )

2.Officials - Social security - Medical expenses - Reimbursement - Meaning of term "pharmaceutical products" - Scope

( Staff Regulations of Officials, Art . 72; Rules on Sickness Insurance, Annex I, Section V; Council Directive 65/65 )

Summary

1.Since the purpose of the duty to state the reasons upon which a decision is based is both to permit the person concerned to determine whether the decision contains a defect allowing its legality to be challenged and to enable it to be reviewed by the Court, it follows that the extent of that duty must be determined on the basis of the particular facts of each case .

The duty to state the grounds on which a decision is based, within the meaning of the second paragraph of Article 25 of the Staff Regulations, is satisfied if the circumstances in which the disputed measure was adopted and notified to those concerned and the staff memoranda and other communications accompanying it make it possible to recognize the essential factors which guided the administration in its decision .

2.Since the Community Rules on Sickness Insurance contain no definition of the term "pharmaceutical products", in order to determine the scope of that term within the meaning of the first paragraph of Section V of Annex I to the Rules, reference must be made to Council Directive 65/65 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products .

Under the provisions of that directive, an organotherapeutic preparation presented for treating or preventing disease in human beings, prescribed by a practitioner and purchased from a pharmacy, must be considered to be a pharmaceutical product . The Joint Sickness Insurance Scheme must reimburse the cost of that product because it does not appear in the list of products which fall under the heading of beauty products or tonics not considered to be pharmaceutical products and as such excluded from reimbursement contained in the second paragraph of Section V of Annex I to the abovementioned Rules, and may not, in view of its properties, be regarded as a similar product .