Opinion of Mr Advocate General Van Gerven delivered on 15 June 1989

1 Original language: French.

2 See, most recently, the Court's judgment of 27 April 1989 in Case 192/88 Tumsrv Commission [1989] ECR 1017.

3 Case 54/77 Herpelsw Commission [1978] ECR 585.

4 Case 115/83 Oomsv Commission [1984] ECR 2613.

5 Case 108/79 Belfiore v Commission [1980] ECR 1769.

6 Al the hearing, the Commission's representatives referred to preparations with a view to amending the provisions concerned, but did not specify what amendments were envisaged

7 Article 73 of the Staff Regulations governs cover against the risk of occupational disease and accident.

8 If an official on unpaid leave on personal grounds decides to avail himself of the possibility afforded by the second subparagraph of Article 40(3) of the Staff Regulations, he or she is again considered to be a member of the joint scheme, in accordance with Article 4(2) of the Rules.

9 Tne remaining requirements are: not to be gainfully employed or, if gainfully employed, to be covered by a public sickness insurance scheme and to comply with the requirement that the employment in question does not provide income over a certain limit (see point 5 above).