Judgment of the Civil Service Tribunal (Third Chamber) of 14 September 2011 - Hecq v Commission

(Case F-47/10) 1

(Civil service - Officials - Social security - Occupational disease - Articles 73 and 78 of the Staff Regulations - Correctness of the opinion of the medical committee -Refusal to accept that the applicant suffers from partial permanent invalidity)

Language of the case: French

Parties

Applicant: Hecq (Chaumont-Gistoux, Belgium) (represented by: L. Vogel, lawyer)

Defendant: Commission (represented by: J. Currall and D. Martin, acting as Agents, and J.-L. Fagnart, lawyer)

Re:

Application for the annulment of the Commission decisions refusing to accept that the applicant suffers from partial permanent invalidity within the meaning of Article 73 of the Staff Regulations and making him liable for part of the fees and expenses incurred during the proceedings of the medical committee.

Operative part of the judgment

The Tribunal:

Declares that there is no need to adjudicate on the claim for annulment of the decisions of European Commission of 7 September 2009 in so far as they require Mr Hecq to pay the costs and fees of the doctor whom he nominated to represent him in the medical committee and half of the costs and fees of the third doctor in the medical committee nominated by mutual agreement;

Dismisses the claims for annulment of the decisions of 7 September 2009 in so far as they refuse to award Mr Hecq a rate of permanent invalidity as unfounded;

Orders Mr Hecq to pay the entirety of the costs.

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1 - OJ C 221, 14.8.2010, p. 61.