AT DM 140.19 , THAT IS TO SAY 6.05% OF THAT PENSION . SHE REPLIED ON 4 MARCH 1983 ENQUIRING AS TO ANY STATUTORY POSSIBILITY OF EXEMPTION FROM THAT CONTRIBUTION . BY A LETTER DATED 18 MARCH 1983 THE GERMAN FUND INFORMED HER OF THE POSSIBILITY OF DISAFFILIATION FROM THE NATIONAL SCHEME BEFORE THE TIME-LIMIT OF 31 MARCH 1983 . THE APPLICANT STATES THAT SHE DID NOT RECEIVE THAT LETTER .
6 SINCE THE APPLICANT DID NOT APPLY FOR DISAFFILIATION FROM THE GERMAN SCHEME UNTIL 29 NOVEMBER 1983 , HER APPLICATION WAS REJECTED ON 15 DECEMBER 1983 ON THE GROUND THAT IT WAS MADE OUT OF TIME .
7 MEANWHILE , ON 27 AUGUST 1983 , THE APPLICANT HAD APPLIED TO THE COMMISSION UNDER ARTICLE 90 OF THE STAFF REGULATIONS OF OFFICIALS FOR AN INCREASE IN HER COMMUNITY PENSION TO THE EXTENT TO WHICH HER PENSION WAS REDUCED BY THE MONTHLY CONTRIBUTION TO THE GERMAN SICKNESS INSURANCE SCHEME .
8 THAT APPLICATION WAS REJECTED ON 6 OCTOBER 1983 ON THE GROUND THAT PENSION RIGHTS WERE FIXED BY THE STAFF REGULATIONS AND THAT IT WAS THEREFORE IMPOSSIBLE TO CHANGE THEM TO TAKE ACCOUNT OF OTHER FACTORS .
9 ON 24 DECEMBER 1983 THE APPLICANT SUBMITTED A COMPLAINT TO THE COMMISSION PURSUANT TO ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS . THAT COMPLAINT WAS REJECTED FIRST BY AN IMPLIED DECISION AND THEN BY AN EXPRESS DECISION OF 18 JULY 1984 BEFORE THE EXPIRY OF THE PERIOD FOR LODGING AN APPEAL PROVIDED FOR BY ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS , WHEREUPON THE APPLICANT BROUGHT THIS ACTION ON 12 SEPTEMBER 1984 .
10 THE APPLICANT MAINTAINS THAT SHE HAS SUFFERED DAMAGE AS A RESULT OF THE COMMISSION ' S MALADMINISTRATION INASMUCH AS IT MISLED HER BY FIRST STATING THAT THE NEW GERMAN LEGISLATION WAS INCOMPATIBLE WITH COMMUNITY LAW AND THEN CHANGING ITS MIND WITHOUT INFORMING HER . SHE ALSO COMPLAINS THAT BY NOT PUBLISHING THE INFORMATION IN THE STAFF COURRIER UNTIL 28 MARCH 1983 THE COMMISSION FAILED TO INFORM THE PENSIONERS CONCERNED IN GOOD TIME OF THE OPTION OF DISAFFILIATION FROM THE GERMAN SCHEME , THAT IT ISSUED THE CERTIFICATE ATTESTING THE APPLICANT ' S AFFILIATION TO THE COMMUNITY SCHEME , FOR USE IN DISAFFILIATING FROM THE GERMAN FUND , MORE THAN FOUR MONTHS TOO LATE , AND THAT IT FAILED TO BRING AN ACTION AGAINST THE FEDERAL REPUBLIC OF GERMANY UNDER THE SECOND PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY ON THE GROUND THAT THE NEW GERMAN LEGISLATION CONCERNING SICKNESS INSURANCE INFRINGED THE PRINCIPLES AND PROVISIONS OF COMMUNITY LAW .
11 THE APPLICANT SUBMITS THAT THE COMMISSION HAS FAILED IN ITS DUTY TO ASSIST ITS OFFICIALS LAID DOWN IN ARTICLE 24 OF THE STAFF REGULATIONS AND THAT ITS CONDUCT IS CONTRARY TO THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATIONS AND THE PRINCIPLES OF GOOD ADMINISTRATION AND THEREFORE AMOUNTS TO A WRONGFUL ACT ON THE PART OF THE COMMISSION AS A RESULT OF WHICH THE APPLICANT