Judgment_paragraph 23 · Albert Nardone v European Commission (C-181/03 P)

23In that regard, the Court of First Instance held, in paragraphs 40 and 41 of the judgment under appeal:40 If an official considers that his state of health requires him to leave the service, it is for him to submit, before he leaves, a request pursuant to Article 90 of the Staff Regulations for an invalidity pension under Article 78. In the present case, it appears from the application that the applicant was very concerned about his state of health during the 1970s and that he resigned inter alia because he was convinced that his unsafe working conditions were harming his health. As officials are deemed to be aware of the provisions of the Staff Regulations (see, for example, Case T-27/99 Drabbe v Commission [2000] ECRSC I-A-213 and II-955), an official in such a position must make use of that option if he wishes to receive an invalidity pension. He falls short of the standard of diligence required if he fails to do so, particularly as he can be assumed to be more aware than the institution concerned of his medical history and his physical condition at the time he resigns. Thus, other than in exceptional circumstances, an institution cannot be criticised, at least in the case of an official who leaves it voluntarily without the institution having requested his departure, for not having consulted an Invalidity Committee on its own initiative where the person concerned has made no request to that effect.41 The serious medical history of Mr Bahr, that is to say, the first heart attack he suffered, six years before he stopped working, was a fact not disputed between the parties (Bahr, paragraph 14, infine). In the present case, although it appears from the file that the applicant complained to the medical officer of the institution about his state of health and about his unsafe working conditions, it must be found that the Commission had no knowledge of any previous medical history of comparable seriousness to Mr Bähr's first heart attack which would enable the Court of First Instance to hold that it should have consulted an Invalidity Committee at the time of his resignation, although he had made no request to that effect {Bahr, paragraph 15). In that connection, it must be observed that counsel for the applicant stated at the hearing that the applicant was himself unaware, in 1981, of the extent of the effect on his health of the dust he had inhaled and he remained unaware of it until 1992.’