Keywords
Summary

Keywords

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1 . Officials - Social security - Insurance against accidents and occupational disease - Medical report - Review by the Court - Limits

( Staff Regulations, Art . 73; Rules on the Insurance of Officials against the Risk of Accident and of Occupational Disease, Arts 23 and 28 )

2 . Officials - Actions - Prior administrative complaint - Subject-matter - Correspondence between the complaint and the application - Submission not made in the complaint - Not admissible

( Staff Regulations, Arts 90 and 91 )

Summary

1 . In an action brought against a decision adopted by the appointing authority applying the Rules on the Insurance of Officials against the Risk of Accident and of Occupational Disease, the review by the Court cannot extend to assessments of a purely medical nature made by the committee provided for by Article 23 of those rules . Such assessments must be regarded as definitive if made under proper conditions .

2 . The purpose of the pre-litigation procedure is to permit an amicable settlement of differences which have arisen between officials or servants and the administration . In order that such a procedure may fulfil its purpose, it is necessary that the appointing authority should be in a position to know in sufficient detail the criticisms made by the aggrieved official of the contested decision .

A submission not put forward in the complaint submitted prior to the commencement of proceedings must be dismissed as inadmissible if the official concerned was in a position to make that submission in his complaint .