Avis juridique important

61970J0018(01)

European Court reports 1972 Page 01205 Danish special edition Page 00293 Greek special edition Page 00277 Portuguese special edition Page 00403

Summary

1 . INVOLUNTARY SELF-DESTRUCTION IS INCLUDED IN THE RISKS COVERED BY ACCIDENT INSURANCE; ONLY INTENTIONAL SUICIDE IS EXCLUDED .

2 . THE INSURANCE COVERS THE RISK OF ACCIDENT AT WORK WHICH IS CAUSED BY THE INSURED OFFICIAL' S MENTAL DERANGEMENT .

3 . IN VIEW OF THE FACT THAT THE ACTION WAS CAUSED BY THE LEGAL UNCERTAINTY ARISING FROM THE CONTINUED ABSENCE OF THE IMPLEMENTING RULES UNDER ARTICLES 73 OF THE STAFF REGULATIONS IT APPEARS EQUITABLE TO APPLY ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE AND TO ORDER THE DEFENDANT TO BEAR ALL THE COSTS .

Parties

IN CASE 18/70 X, ACTING ON HER OWN BEHALF AND AS LEGAL GUARDIAN OF HER INFANT CHILDREN, WIDOW OF MR Y, IN HIS LIFETIME AN OFFICIAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES, RESIDING IN BRUSSELS, REPRESENTED BY ERNEST ARENDT, ADVOCATE OF THE LUXEMBOURG BAR, RESIDING AT 34B RUE PHILIPPE-II, LUXEMBOURG, APPLICANT, V COUNCIL OF THE EUROPEAN COMMUNITIES, REPRESENTED BY JEAN BAUGNIET, ASSISTED BY ROGER DALCQ, BOTH ADVOCATES OF THE BRUSSELS BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF MR BADEN, ADVOCATE, OF 45 BOULEVARD PRINCE-HENRI, DEFENDANT,

Subject of the case

APPLICATION FOR THE ANNULMENT OF THE IMPLIED DECISION OF THE COUNCIL REJECTING THE COMPLAINT THROUGH OFFICIAL CHANNELS MADE BY THE APPLICANT ON 15 JANUARY 1970 AND, IN SO FAR AS IS NECESSARY, OF THE EXPRESS DECISION OF THE COUNCIL OF 10 APRIL 1970 REJECTING THE APPLICATION FOR THE LUMP SUM PAYABLE ON THE DEATH OF AN OFFICIAL PROVIDED FOR BY ARTICLE 73 OF THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES,

Grounds

1 IN THE LIGHT OF THE EVIDENCE ORDERED BY THE COURT, IT HAS BEEN SUFFICIENTLY ESTABLISHED THAT THE DEATH BY DROWNING OF THE APPLICANT' S HUSBAND WAS DUE TO INVOLUNTARY SELF-DESTRUCTION FOLLOWING MENTAL DERANGEMENT .

2 AS THE COURT RULES IN ITS INTERIM JUDGMENT OF 16 JUNE 1971, THE RIGHTS OF SERVANTS AND THOSE ENTITLED UNDER THEM WITH REGARD TO RISKS OF OCCUPATIONAL DISEASE AND RISKS OF ACCIDENT - INCLUDING RISKS IN PRIVATE LIFE - ARE GOVERNED BY ARTICLE 73 OF THE STAFF REGULATIONS IN CONJUNCTION WITH THE INSURANCE POLICY TAKEN OUT ON 30 JUNE 1961 BY THE DEFENDANT INSTITUTION .

3 IT APPEARS FROM THE STAFF REGULATIONS IN CONJUNCTION WITH THE INSURANCE POLICY THAT EXCLUSION OF SUICIDE FROM COMPENSATION REFERS ONLY TO VOLUNTARY SUICIDE IN ACCORDANCE WITH A GENERALIZED TENDENCY IN THE LEGAL SYSTEMS OF THE MEMBER STATES BOTH WITH REGARD TO ACCIDENT INSURANCE AND SOCIAL SECURITY .

4 ON THE OTHER HAND, INVOLUNTARY SELF-DESTRUCTION MUST BE INCLUDED IN THE RISKS COVERED .

5 NEVERTHELESS THE FIRST SENTENCE OF ARTICLE 4 ( D ) OF THE INSURANCE POLICY FURTHER EXCLUDES ACCIDENTS WHICH RESULT FROM MENTAL DERANGEMENT .

6 IT MUST THEREFORE BE EXAMINED WHETHER THIS CLAUSE IS COMPATIBLE WITH THE ESSENTIAL NATURE OF THE PROTECTION CONFERRED BY ARTICLE 73 ON SERVANTS OF THE COMMUNITIES .

7 ARTICLE 73 IS CONTAINED IN CHAPTER 2 OF TITLE V OF THE STAFF REGULATIONS WHICH, AS IS SHOWN BY THE TITLE OF THE CHAPTER, CONCERNS SOCIAL SECURITY BENEFITS OF SERVANTS OF THE COMMUNITY .

8 IN ACCORDANCE WITH LEGAL OPINION AND CASE-LAW MOST WIDELY ADOPTED IN THE MEMBER STATES, SUCH A SYSTEM INCLUDES PROTECTION AGAINST ACCIDENTS AT WORK WHICH ARE CAUSED BY THE MENTAL DERANGEMENT OF THE PERSON CONCERNED .

9 CONSEQUENTLY THE EXCLUSION CONTAINED IN ARTICLE 4 ( D ) OF THE POLICY IS NOT IN CONFORMITY WITH ARTICLE 73 IN SO FAR AS IT MAY BE UPHELD AGAINST AGENTS WHO HAVE SUFFERED AN ACCIDENT AT WORK .

10 WITH REGARD TO ACCIDENTS IN PRIVATE LIFE THE POSITION IS DIFFERENT .

11 A SPECIFIC PROTECTION AGAINST THE CONSEQUENCES OF SUCH ACCIDENTS IS NOT AN ESSENTIAL PART OF THE LEGAL POSITION OF CIVIL SERVANTS .

12 MOREOVER, IN NO MEMBER STATE DO THE RULES GOVERNING PUBLIC SERVANTS CONTAIN PROVISIONS COVERING THIS .

13 FURTHERMORE, ARTICLE 73 DISTINGUISHES BETWEEN THE TWO RISKS BY PROVIDING FOR AN INDIVIDUAL CONTRIBUTION FOR THOSE RISKS IN PRIVATE LIFE .

14 THEREFORE, IN ACCEPTING AN EXCLUSION CLAUSE IN THIS RESPECT THE DEFENDANT HAS NOT ACTED CONTRARY TO THE STAFF REGULATIONS .

15 THE APPLICATION MUST THEREFORE BE DISMISSED .

Decision on costs

16 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .

17 NEVERTHELESS, ARTICLE 70 OF THOSE RULES PROVIDES THAT THE COSTS INCURRED BY INSTITUTIONS IN ACTIONS BY SERVANTS OF THE COMMUNITIES SHALL BE BORNE BY THE INSTITUTIONS THEMSELVES .

18 MOREOVER, ACCOUNT MUST BE TAKEN OF THE FACT THAT THE ACTION WAS CAUSED BY THE LEGAL UNCERTAINTY ARISING FROM THE CONTINUING ABSENCE OF THE IMPLEMENTING RULES UNDER ARTICLE 73 OF THE STAFF REGULATIONS .

19 IT THEREFORE APPEARS EQUITABLE TO APPLY ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE AND TO ORDER THE DEFENDANT TO BEAR ALL THE COSTS .

Operative part

THE COURT ( FIRST CHAMBER ) HEREBY : 1 . DISMISSES THE APPLICATION; 2 . ORDERS THE COUNCIL OF THE EUROPEAN COMMUNITIES TO PAY THE COSTS .