CONSIDERATIONS REGARDING THE HISTORY OF THOSE CONCERNED , THEIR FUTURE PROSPECTS , THE AMOUNT OF CONTRIBUTIONS AND THE NATURE AND AMOUNT OF BENEFITS , IT DOES NOT SEEM ABNORMAL THAT THE DETERMINATION OF THE YEARS OF PENSIONABLE SERVICE TO BE TAKEN INTO ACCOUNT FOR THE COMMUNITY PENSION LEADS TO A DIFFERENT FIGURE FROM THE YEARS OF PENSIONABLE SERVICE TAKEN INTO ACCOUNT BY THE NATIONAL INSTITUTION . SINCE SUCH YEARS OF PENSIONABLE SERVICE HAVE RELEVANCE ONLY IN RELATION TO BENEFITS TO WHICH THEY GIVE ENTITLEMENT UNDER THE VARIOUS NATIONAL AND COMMUNITY SCHEMES , THEY ARE NOT COMPARABLE INTER SE SAVE TO BRING INTO ACCOUNT IN ACTUARIAL TERMS AN ASSESSMENT BOTH OF THE PERSONAL POSITION OF EACH PERSON CONCERNED AND THE GENERAL CHARACTERISTICS OF THE SOCIAL SECURITY SCHEMES IN QUESTION . THE APPLICANTS , WHO HAVE CONFINED THEMSELVES TO MAKING A COMPARISON BETWEEN THEMSELVES AND COMMUNITY OFFICIALS , HAVE PRODUCED NO FACTOR CAPABLE OF RAISING DOUBT AS TO WHETHER THE ACTUARIAL FORMULAE USED BY THE COMMUNITY PROPERLY TRANSLATE THE RELATIONSHIP BETWEEN THE ACTUARIAL EQUIVALENT REACHED BY THE ITALIAN INSTITUTION AND THE REASSESSMENT THEREOF ACCORDING TO THE CRITERIA OF THE COMMUNITY SCHEME .
29 IT FOLLOWS FROM ALL THE FOREGOING THAT IN PROPOSING TO THE APPLICANTS A TRANSFER TO THE COMMUNITY PENSION SCHEME ON TERMS WHICH ARE COMPATIBLE WITH THE STAFF REGULATIONS THE COMMISSION HAS NOT ACTED UNLAWFULLY IN THEIR RESPECT , THAT IT HAS NOT DISCRIMINATED AGAINST THEM AND THAT IT HAS NOT MISUSED ITS POWERS .
30 THE APPLICATIONS MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
31 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
32 HOWEVER , UNDER ARTICLE 70 OF THE RULES OF PROCEDURE COSTS INCURRED BY THE INSTITUTIONS IN PROCEEDINGS BY SERVANTS OF THE COMMUNITIES ARE TO BE BORNE BY THE INSTITUTIONS .
33 THE COURT MAY NEVERTHELESS , UNDER THE SECOND PARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE , ORDER A SUCCESSFUL PARTY TO PAY COSTS WHICH THE COURT CONSIDERS THAT PARTY TO HAVE UNREASONABLY OR VEXATIOUSLY CAUSED THE OPPOSITE PARTY TO INCUR . IT IS RIGHT TO APPLY THAT PROVISION AGAINST THE COMMISSION WHICH HAS UNNECESSARILY COMPLICATED THE PROCEEDINGS BY RAISING A PATENTLY ILL-FOUNDED OBJECTION AS TO ADMISSIBILITY . THE COMMISSION MUST THEREFORE BE ORDERED TO PAY PART , ASSESSED AS ONE THIRD , OF THE COSTS OF THE APPLICANTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATIONS .
2 . ORDERS THE COMMISSION TO BEAR ITS OWN COSTS AND ONE THIRD OF THE APPLICANT ' S COSTS , THE REMAINDER OF THEIR COSTS TO BE BORNE BY THE APPLICANTS .