Judgment of the Civil Service Tribunal (2nd Chamber) of 10 April 2014 – Camacho-Fernandes v Commission

(Case F-16/13) ¹

(Civil service – Officials – Social security – Article 73 of the Staff Regulations – Occupational disease – Exposure to asbestos and to other substances – Medical committee – Refusal to recognise the occupational origin of the disease which caused the official’s death – Lawfulness of the opinion of the medical committee – Principle of collegiate responsibility – Mandate – Statement of reasons – Principle of equal treatment)

Language of the case: French

Parties

Applicant: Ivo Camacho-Fernandes (Funchal, Portugal) (represented by: N. Lhoëst, lawyer)

Defendant: European Commission (represented by: J. Currall and V. Joris, Agents)

Re:

Application to annul the decision of the Joint Sickness Insurance Scheme in so far as it confirms the terms of the draft decision rejecting the application to recognise the occupational origin of the disease which caused the death of the applicant’s wife, a former official.

Operative part of the judgment

The Tribunal:

Dismisses the action;

Orders Mr Camacho-Fernandes to bear his own costs and to pay the costs incurred by the European Commission.

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¹ OJ C 108, 13.04.2013, p. 40.