1 IN THE LIGHT OF THE EVIDENCE ORDERED BY THE COURT, IT HAS BEEN SUFFICIENTLY ESTABLISHED THAT THE DEATH BY DROWNING OF THE APPLICANT' S HUSBAND WAS DUE TO INVOLUNTARY SELF-DESTRUCTION FOLLOWING MENTAL DERANGEMENT .
2 AS THE COURT RULES IN ITS INTERIM JUDGMENT OF 16 JUNE 1971, THE RIGHTS OF SERVANTS AND THOSE ENTITLED UNDER THEM WITH REGARD TO RISKS OF OCCUPATIONAL DISEASE AND RISKS OF ACCIDENT - INCLUDING RISKS IN PRIVATE LIFE - ARE GOVERNED BY ARTICLE 73 OF THE STAFF REGULATIONS IN CONJUNCTION WITH THE INSURANCE POLICY TAKEN OUT ON 30 JUNE 1961 BY THE DEFENDANT INSTITUTION .
3 IT APPEARS FROM THE STAFF REGULATIONS IN CONJUNCTION WITH THE INSURANCE POLICY THAT EXCLUSION OF SUICIDE FROM COMPENSATION REFERS ONLY TO VOLUNTARY SUICIDE IN ACCORDANCE WITH A GENERALIZED TENDENCY IN THE LEGAL SYSTEMS OF THE MEMBER STATES BOTH WITH REGARD TO ACCIDENT INSURANCE AND SOCIAL SECURITY .
4 ON THE OTHER HAND, INVOLUNTARY SELF-DESTRUCTION MUST BE INCLUDED IN THE RISKS COVERED .
5 NEVERTHELESS THE FIRST SENTENCE OF ARTICLE 4 ( D ) OF THE INSURANCE POLICY FURTHER EXCLUDES ACCIDENTS WHICH RESULT FROM MENTAL DERANGEMENT .
6 IT MUST THEREFORE BE EXAMINED WHETHER THIS CLAUSE IS COMPATIBLE WITH THE ESSENTIAL NATURE OF THE PROTECTION CONFERRED BY ARTICLE 73 ON SERVANTS OF THE COMMUNITIES .
7 ARTICLE 73 IS CONTAINED IN CHAPTER 2 OF TITLE V OF THE STAFF REGULATIONS WHICH, AS IS SHOWN BY THE TITLE OF THE CHAPTER, CONCERNS SOCIAL SECURITY BENEFITS OF SERVANTS OF THE COMMUNITY .
8 IN ACCORDANCE WITH LEGAL OPINION AND CASE-LAW MOST WIDELY ADOPTED IN THE MEMBER STATES, SUCH A SYSTEM INCLUDES PROTECTION AGAINST ACCIDENTS AT WORK WHICH ARE CAUSED BY THE MENTAL DERANGEMENT OF THE PERSON CONCERNED .
9 CONSEQUENTLY THE EXCLUSION CONTAINED IN ARTICLE 4 ( D ) OF THE POLICY IS NOT IN CONFORMITY WITH ARTICLE 73 IN SO FAR AS IT MAY BE UPHELD AGAINST AGENTS WHO HAVE SUFFERED AN ACCIDENT AT WORK .
10 WITH REGARD TO ACCIDENTS IN PRIVATE LIFE THE POSITION IS DIFFERENT .
11 A SPECIFIC PROTECTION AGAINST THE CONSEQUENCES OF SUCH ACCIDENTS IS NOT AN ESSENTIAL PART OF THE LEGAL POSITION OF CIVIL SERVANTS .
12 MOREOVER, IN NO MEMBER STATE DO THE RULES GOVERNING PUBLIC SERVANTS CONTAIN PROVISIONS COVERING THIS .
13 FURTHERMORE, ARTICLE 73 DISTINGUISHES BETWEEN THE TWO RISKS BY PROVIDING FOR AN INDIVIDUAL CONTRIBUTION FOR THOSE RISKS IN PRIVATE LIFE .
14 THEREFORE, IN ACCEPTING AN EXCLUSION CLAUSE IN THIS RESPECT THE DEFENDANT HAS NOT ACTED CONTRARY TO THE STAFF REGULATIONS .
15 THE APPLICATION MUST THEREFORE BE DISMISSED .
16 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
17 NEVERTHELESS, ARTICLE 70 OF THOSE RULES PROVIDES THAT THE COSTS INCURRED BY INSTITUTIONS IN ACTIONS BY SERVANTS OF THE COMMUNITIES SHALL BE BORNE BY THE INSTITUTIONS THEMSELVES .
18 MOREOVER, ACCOUNT MUST BE TAKEN OF THE FACT THAT THE ACTION WAS CAUSED BY THE LEGAL UNCERTAINTY ARISING FROM THE CONTINUING ABSENCE OF THE IMPLEMENTING RULES UNDER ARTICLE 73 OF THE STAFF REGULATIONS .
19 IT THEREFORE APPEARS EQUITABLE TO APPLY ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE AND TO ORDER THE DEFENDANT TO BEAR ALL THE COSTS .
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION;
2 . ORDERS THE COUNCIL OF THE EUROPEAN COMMUNITIES TO PAY THE COSTS .
