RISE TO IT AND THUS COULD NOT HAVE HAD A REASONABLE TIME IN WHICH TO SUBMIT HIS APPLICATION TO THE COURT OR TO THE RELEVANT INSTITUTION BEFORE THE EXPIRY OF THE LIMITATION PERIOD .
51 IN THIS CASE IT MUST BE BORNE IN MIND THAT THE COURT HAS BASED ITS CONCLUSION IN REGARD TO THE COMMUNITY ' S LIABILITY ON THE FACT THAT THE COMMISSION HAD NOT ATTEMPTED TO INFORM AND TO CONSULT THE APPLICANT FOLLOWING DR ALDER ' S VISIT OF 8 NOVEMBER 1974 . IT IS CLEAR FROM THE INFORMATION BEFORE THE COURT THAT THE APPLICANT COULD NOT HAVE BECOME AWARE OF THAT FACT UNTIL THE PREPARATORY INQUIRY IN THESE PROCEEDINGS , SINCE DR ALDER ' S VISIT WAS MENTIONED FOR THE FIRST TIME IN THE COMMISSION ' S DEFENCE . THEREFORE HE COULD NOT HAVE SOUGHT TO ESTABLISH THE COMMUNITY ' S LIABILITY ON THAT BASIS BEFORE THE NORMAL DATE OF EXPIRY OF THE LIMITATION PERIOD .
52 IT FOLLOWS THAT THE COMMISSION ' S OBJECTION MUST BE DISMISSED .
Decision on costs
DAMAGES
53 IT MUST THEREFORE BE CONCLUDED THAT IN PRINCIPLE THE COMMUNITY IS BOUND TO MAKE GOOD THE DAMAGE RESULTING FROM THE DISCOVERY OF THE APPLICANT ' S IDENTITY BY MEANS OF THE DOCUMENTS HANDED OVER TO ROCHE BY THE COMMISSION . IT MUST HOWEVER BE RECOGNIZED THAT THE EXTENT OF THE COMMISSION ' S LIABILITY IS DIMINISHED BY REASON OF THE APPLICANT ' S OWN NEGLIGENCE . THE APPLICANT FAILED TO INFORM THE COMMISSION THAT IT WAS POSSIBLE TO INFER HIS IDENTITY AS THE INFORMANT FROM THE DOCUMENTS THEMSELVES , ALTHOUGH HE WAS IN THE BEST POSITION TO APPRECIATE AND TO AVERT THAT RISK . NOR DID HE ASK THE COMMISSION TO KEEP HIM INFORMED OF THE PROGRESS OF THE INVESTIGATION OF ROCHE , AND IN PARTICULAR OF ANY USE THAT MIGHT BE MADE OF THE DOCUMENTS FOR THAT PURPOSE . LASTLY , HE WENT BACK TO SWITZERLAND WITHOUT ATTEMPTING TO MAKE ANY INQUIRIES IN THAT RESPECT , ALTHOUGH HE MUST HAVE BEEN AWARE OF THE RISKS TO WHICH HIS CONDUCT TOWARDS HIS FORMER EMPLOYER HAD EXPOSED HIM WITH REGARD TO SWISS LEGISLATION .
54 CONSEQUENTLY , THE APPLICANT HIMSELF CONTRIBUTED SIGNIFICANTLY TO THE DAMAGE WHICH HE SUFFERED . IN ASSESSING THE CONDUCT OF THE COMMISSION ON THE ONE HAND AND THAT OF THE APPLICANT ON THE OTHER , THE COURT CONSIDERS IT EQUITABLE TO APPORTION RESPONSIBILITY FOR THAT DAMAGE EQUALLY BETWEEN THE TWO PARTIES .
55 IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS THAT THE COMMISSION MUST BE ORDERED TO COMPENSATE THE APPLICANT TO THE EXTENT OF ONE HALF OF THE DAMAGE SUFFERED BY HIM AS A RESULT OF THE FACT THAT HE WAS IDENTIFIED AS THE SOURCE OF INFORMATION REGARDING ROCHE ' S ANTI-COMPETITIVE PRACTICES . FOR THE REST , HOWEVER , THE APPLICATION MUST BE DISMISSED . THE AMOUNT OF THE DAMAGES IS TO BE DETERMINED BY AGREEMENT BETWEEN THE PARTIES OR , FAILING SUCH AGREEMENT , BY THE COURT