ORDER OF THE GENERAL COURT (Appeal Chamber)

12 May 2014

Case T‑207/12 P

Luigi Marcuccio

v

European Commission

(Appeal — Civil service — Officials — Act following a request to place a document on the file compiled for the purposes of examining the application for recognition of the accidental cause of an occurrence suffered by the appellant — Absence of act having adverse effect — Preparatory act — Informative measure — Article 94(a) of the Rules of Procedure of the Civil Service Tribunal — Appeal clearly inadmissible in part and clearly unfounded in part)

Appeal:      against the order of the European Union Civil Service Tribunal (First Chamber) of 29 February 2012 in Case F‑3/11 Marcuccio v Commission [2012] ECR-SC, seeking to have that order set aside.

Held:      The appeal is dismissed. Mr Luigi Marcuccio is to bear his own costs and is ordered to pay those incurred by the European Commission on the appeal.

Summary

Officials — Social security — Insurance against the risk of accident and of occupational disease — File relating to the accident — Concept

(Staff Regulations, Arts 26, 26a and 73)

In a medical procedure for recognition of an accident that has been properly reported by the official concerned, and then for definition of the degree of invalidity after consolidation of the injuries resulting from that accident, the view that the file compiled for the purposes of examining that request for recognition is neither the official’s personal file, under Article 26 of the Staff Regulations, nor his medical file, under Article 26a of the Staff Regulations, does not constitute an error of interpretation of the Staff Regulations or of the Common Rules on insurance against the risk of accident and of occupational disease.

Neither the Staff Regulations nor the Rules on insurance formally provide for the compilation of a file where an official has reported an accident in accordance with Article 15(1) of those Rules. However, it is obvious that the lodging of such a report requires the appointing authority, in practice, to compile a file with a view to the adoption, in accordance with Article 18 of the Rules, of a decision on recognition of the accidental cause of an occurrence, and of a related decision on the fixing of the permanent degree of invalidity. However, that file exists only for the purposes of the procedure leading to the adoption of those decisions. The documents making up the file compiled following the reporting of an accident may include, in addition to the accident report, the official’s observations on the circumstances surrounding the occurrence which he regards as an accident within the meaning of the insurance rules. However, such observations do not, in themselves, affect either the administrative position or the employment record of the official concerned. Furthermore, they are not in the nature of findings by authorised third parties as to his state of health. Consequently, they are not, by their nature, required to be placed in the official’s personal file or medical file.

(see paras 40, 41, 43)