Opinion of Mrs Advocate General Rozès

Mr President,

Members of the Court,

This is an action for damages brought by Mario Berti, an official of the Commission of the European Communities, against that institution as a result of an accident sustained by his son, a minor, while staying at a holiday camp.

I —. The facts are as follows :

II —. The Commission contends that the Court has no jurisdiction in this dispute, whether the application is based on Article 179 of the Treaty (and on Articles 90 and 91 of the Staff Regulations) or on Article 178 (and Article 215) of the Treaty.

III —. As to the substance of the case, the Commission contends that neither the conditions for contractual liability (first paragraph of Article 215) nor those for non-contractual liability (second paragraph of Article 215) on its part are met.

IV —. Lastly, the Commission adds that the victim is not in any case deprived of a remedy since under Belgian law he may bring an action against both the assistants and their private employers.

1 Translated from the French.