Judgment of the General Court (Seventh Chamber) of 25 October 2017 — Lucaccioni v Commission
(Case T‑551/16)
(Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm)
1. Actions for annulment — Judgment annulling a measure — Effects — Obligation to implement — Scope — Adoption of a new measure on the basis of earlier valid preparatory measures — Lawfulness
(Art. 266 TFEU)
(see para. 52)
2. Acts of the institutions — Temporal application — Procedural rules — Application to proceedings pending at the time when such rules enter into force
(see para. 56)
3. Actions brought by officials — Pleas in law — Misuse of powers — Concept
(Staff Regulations Arts 90 and 91)
(see para. 64)
4. Officials — Social security — Insurance against the risk of accident and of occupational disease — Expert medical report — Discretion of the Medical Committee — Judicial review — Limits — Obligation to state reasons — Scope
(Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Art. 22)
(see paras 78, 79)
5. Officials — Social security — Insurance against the risk of accident and of occupational disease — Medical Committee — Collegiate principle — Scope — Disagreement between the Committee members having signed the report — Infringement of the principle of collegiality — None
(Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Art. 22)
(see paras 82, 83)
6. EU law — Principles — Duty to act within a reasonable time — Infringement in an administrative procedure — Effects
(Charter of the Fundamental Rights of the European Union, Art. 41(1))
(see paras 93, 94)
7. Officials — Social security — Insurance against the risk of accident and of occupational disease — Expert medical report — Obligation on the Medical Committee to provide a statement of reasons — Insufficient and inconsistent statement of reasons — Legal consequences — Annulment of the decision based on the Medical Committee’s report
(Staff Regulations, Art. 73; Rules on insurance against the risk of accident and of occupational disease, Art. 22)
(see paras 103-105, 109, 114)
8. Actions brought by officials — Action for damages directly linked to an action for annulment — Admissible despite the lack of a pre-litigation procedure in accordance with the Staff Regulations
(Staff Regulations, Arts 90 and 91)
(see paras 119, 121)
9. Non-contractual liability — Conditions — Unlawfulness — Harm — Causal link — Cumulative conditions
(Art. 340, second para. TFEU)
(see para. 122)
10. Officials — Social security — Insurance against the risk of accident and of occupational disease — Medical Committee — Duty to act within a reasonable time — Infringement — Ascribable to the administration — Conditions
(Rules on insurance against the risk of accident and of occupational disease, Art. 22)
(see paras 124, 125, 136)
11. Actions brought by officials — Judgment annulling a measure — Effects — Obligation to implement — Period of waiting extended by unlawfulness of a decision of an institution — Compensation for non-material harm through appropriate reparation
(Art. 266 TFEU)
(see para. 144)
Re:
| ACTION brought on the basis of Article 270 TFEU seeking, firstly, the annulment of the Commission’s decision of 26 June 2014 to grant the applicant only an increase of 20% of the allowance referred to in Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease following the applicant’s request of 7 June 2000 and, secondly, compensation for the non-pecuniary harm which the applicant has allegedly suffered. |
Operative part
The Court:
1. | | Annuls the European Commission’s decision of 26 June2014, grantingMr Arnaldo Lucaccioni an increase of 20% of the allowance under Article 14 of the Common rules on the insurance of officials of the European [Union]against the risk of accident and of occupational disease; |
2. | | Orders the Commission to payMr Lucaccioni compensation ofEUR 5 000 in respect of the non-pecuniary harm caused; |
3. | | Dismisses the remainder of the action; |
4. | | Orders the Commission to pay the costs. |