Judgment of the General Court (Sixth Chamber) of 13 December 2017 — Coedo Suárez v Council
(Case T‑4/17)
(Civil service — Civil servants — Automatic retirement — Application for recognition of the occupational origin of the invalidity — Classification of the claim — Reasonable period — Irregularity of the prior administrative procedure— Inadmissibility — Liability)
1. Officials — Pensions — Invalidity pension — Establishing whether a disease results from an official’s occupation — Requirement for an application to this effect from the interested party — No possibility for the administration to make a determination of its own motion
(Staff Regulations, Art. 78, fifth para.)
(see paras 28, 29, 35)
2. Officials — Social security — Invalidity pension — Declaration of invalidity and its occupational origin — Competence of the Medical Committee — Judicial review — Limits
(Staff Regulations, Art. 78)
(see para. 30)
3. Officials — Social security — Insurance against the risk of accident and of occupational disease — Invalidity — Separate schemes — Single concept of occupational disease — Recognition of the occupational origin of the disease by the Invalidity Committee — No obligation on the Medical Committee to recognise that same origin
(Staff Regulations, Arts 73 and 78)
(see para. 32)
4. Actions brought by officials — Prior administrative complaint — Distinction from a request under Article 90(1) of the Staff Regulations — Distinction a matter for assessment by the court
(Staff Regulations, Art. 90(1) and (2))
(see para. 35)
5. Officials — Pensions — Invalidity pension — Establishing whether a disease results from an official’s occupation — Requirement for an application to this effect from the interested party — Duty to act within a reasonable time — Criteria for assessment — Point from which time begins to run
(Staff Regulations, Arts 73, 78,fifth para. and 90(1), and Annex VIII)
(see paras 41-48)
6. Officials — Social security — Insurance against the risk of accident and of occupational disease — Invalidity — Separate schemes — Single concept of occupational disease — Simultaneous applications made under each scheme — Lawfulness
(Staff Regulations, Arts 73 and 78)
(see para. 52)
7. Officials — Administration’s duty to have regard for the interests of officials — Principle of sound administration — Scope — No obligation for the administration to set aside the time limits for lodging a complaint or bringing an action
(Staff Regulations, Arts 90 and 91)
(see paras 59, 64)
8. Officials — Non-contractual liability of the institutions — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions
(Art. 340, second para. TFEU)
(see para. 70)
Re:
| Application based on Article 270 TFEU and seeking, first, annulment of the Council decision of 4 March 2016 refusing to recognise the occupational origin of the applicant’s invalidity and, second, compensation for the damage allegedly suffered by the applicant. |
Operative part
The Court:
2. | | Orders Mr Ángel Coedo Suárez to pay the costs. |