Avis juridique important

61987J0271

European Court reports 1989 Page 00993 Pub.RJ Page Pub somm

Summary

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Officials - Sick leave - Medical examination - Finding that absence was unauthorized - Use of the conclusions of a medical board required to decide on the suspension of official' s service on grounds of invalidity - Not allowed ( Staff Regulations, Arts 59 and 60 )

The object of the report drawn up by the medical board in proceedings relating to invalidity is to determine whether or not an official is fit permanently to perform the duties corresponding to a post in his career bracket and not to consider whether his temporary absence may be regarded as medically justified. It follows that the conclusions of that board, which considers that the conditions for suspending an official' s service on grounds of invalidity are not satisfied, may not be used as evidence of his physical fitness to perform his duties at a given time in view of the different nature of the assessment to be made in each case. An illness insufficiently serious to justify invalidity may on the other hand be capable of justifying an official' s temporary absence. The unauthorized nature of such absence may be duly established for the purposes of Article 60 of the Staff Regulations and lead, where appropriate, to loss of remuneration for the corresponding period only as a result of medical examination such as that provided for in Article 59 of the Staff Regulations.

Parties

In Case 271/87

Anna-Maria Fedeli, an official of the European Parliament, residing in Luxembourg, represented by Victor Biel and Aloyse May, of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Mr Biel, 18 A rue des Glacis,

applicant,

European Parliament, represented by Francesco Pasetti Bombardella, jurisconsult, and Manfred Peter, Head of Division, assisted by Alex Bonn, of the Luxembourg Bar, with an address for service in Luxembourg at the Chambers of Mr Bonn, 22 côte d' Eich,

defendant,

APPLICATION for an order that the European Parliament pay the applicant the amounts deducted from her salary pursuant to Article 60 of the Staff Regulations together with interest thereon at 8% per annum and for damages for a service-related fault,

THE COURT ( First Chamber )

composed of R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

hereby :

Operative part

( 1 ) Orders the European Parliament to pay the applicant the amounts deducted from her salary for the period from 3 July 1985 to 13 March 1986 together with default interest at 8%;

( 2 ) Orders the European Parliament to pay the costs.