Opinion of Mrs Advocate General Rozčs delivered on 24 November 1983

1 Translated from the French.

2 Article 73 of the Staff Regulations:(1) An official is insured, from the date of his entering the service, against the risk of occupational disease and of accident subject to rules drawn up by common agreement of the Institutions of the Communities after consulting the Staff Regulations Committee. He shall contribute to the cost of insuring against non-occupational risks up to 0.1% of his basic salary. Such rules shall specify which risks arc not covered. Article 21 of those rules provides that:Before taking a decision pursuant to Article 19, the appointing authority shall notify the official or those entitled under him of the draft decision and of the findings of the doctor(s) appointed by the institution. The official or those entitled under him may request that the full medical report be communicated to a doctor chosen by them. Within a period of 60 days the official or those entitled under him may request that the Medical Committee provided for in Article 23 deliver its opinion.

3 Decisions recognizing the accidental cause of an occurrence including a decision as to whether the occurrence is to be attributed to occupational or nonoccupational risks, or decisions recognizing the occupational nature of a disease and assessing the degree of permanent invalidity shall be taken by the appointing authority in accordance with the procedure laid down in Article 21: On the basis of the findings of the doctor(s) appointed by the institutions; and Where the official so requests, after consulting the Medical Committee referred to in Article 23.

4 (1) The Medical Committee shall consist of three doctors: One appointed by the appointing authority; One appointed by the official concerned or those entitled under him; One appointed by agreement between the first two doctors.

5 Dr H. Denolin had been asked for an opinion on the file by the doctor originally appointed by the institution. He had been consulted by Mr Seingry in 1961 and 1969.

6 In his opinion of 14 March 1980, Dr Denolin cited in relation to the problem of occupational stress, Silber and Katz, Heart Disease (1975): Research has, as yet, failed to conclusively establish a relationship between personality and coronary artery disease.

7 Entrusted by an arbitration clause with determining any medical dispute concerning the implementation of the insurance contract.

8 Journal OJ/idel of 31 August 1962, 80, p. 2188. The conditions for the grant of special benefits for occupational diseases was the subject of a Commission recommendation of 20 July 1966 (Journal OJJicicl of 9 August 1966, 147, p. 2696 el scq.)

9 However, Dr. Dcnolin, who was consulted by the doctor appointed by the administration, cites the following passage from the work by Hurst entitled The Heart (1978) Compensation for occupational cardiovascular disease has been introduced by statute in approximately 18 States. Such statutes have been written to provide that in the absence of adequate rebuttal, the development of a cardiovascular disorder is presumed to be tile result of the occupation peculiar to the categories of employees such as firemen and policemen, but other occupational groups have also been included. Such legislation has been without proper scientific evidence that any of these occupations is truly more prone to injure or unfavourably affect the cardiovascular system than any other occupation, and the motivation of these laws appears to have been political (p. 1998).

10 Case 257/81, K. v Council, [1983] ECR 1, at paragraph 18.

11 The Italian version of that provision is inaccurate.

12 Certificate of Dr. J. Duqué of 26 September 1979 and of Dr Jaumotte of 25 September 1979. Expert report of 7 September 1981.