OF THE PROCEEDINGS , THE COMMISSION STATED THAT THE AMENDMENT OF THE PROVISIONS RELATING TO THE INVALIDITY PENSION WAS INTENDED TO PREVENT THE AWARD OF UNJUSTIFIED BENEFITS AND THAT STATEMENT WAS NOT CONTRADICTED BY THE APPLICANT .
17 IT IS CONSONANT WITH THAT OBJECTIVE TO INTERPRET THE NEW PROVISIONS AS EXCLUDING FROM THE FIELD OF APPLICATION OF THE SECOND PARAGRAPH EVENTS WHICH OCCURRED EXCLUSIVELY PRIOR TO THE OFFICIAL ' S ENTRY INTO THE SERVICE . MOREOVER , SUCH AN INTERPRETATION IN NO WAY CONFLICTS WITH THE INTEREST OF THE COMMUNITIES IN ENSURING THAT OFFICIALS SHALL NOT REFRAIN FROM PERFORMING SUCH ACTS THROUGH FEAR OF THE ECONOMIC CONSEQUENCES FOR THEM AND FOR THEIR FAMILIES .
18 NOR IS IT POSSIBLE TO ACCEPT THE APPLICANT ' S ARGUMENT TO THE EFFECT THAT THAT INTERPRETATION WOULD BE UNJUST AS REGARDS AN OFFICIAL WHO HAS PERFORMED SUCH AN ACT PRIOR TO HIS ENTRY INTO THE SERVICE . COMPENSATION FOR INVALIDITY RESULTING FROM PUBLIC-SPIRITED ACTS AND , IN PARTICULAR , IN TIME OF WAR IS , AS A GENERAL RULE , GOVERNED BY THE LEGISLATION OF MEMBER STATES . IN THIS INSTANCE , IT APPEARS FROM THE PAPERS BEFORE THE COURT THAT SINCE THE NETHERLANDS AUTHORITIES HAVE ACKNOWLEDGED THAT THERE IS A CAUSAL CONNECTION BETWEEN THE APPLICANT ' S INVALIDITY AND HIS ACTIVITIES IN THE NETHERLANDS RESISTANCE THEY HAVE IN FACT GRANTED HIM A SPECIAL PENSION ON THAT GROUND . IT WOULD BE DIFFICULT TO JUSTIFY AWARDING HIM A BENEFIT TO BE ADDED TO THE REWARD GRANTED UNDER THE NATIONAL LEGISLATION SOLELY ON THE BASIS OF HIS ENTRY INTO THE SERVICE OF THE COMMUNITIES 25 YEARS AFTER THE ACTIVITIES IN QUESTION .
19 IT FOLLOWS FROM ALL THOSE CONSIDERATIONS THAT THE SECOND PARAGRAPH OF ARTICLE 78 OF THE STAFF REGULATIONS MUST BE INTERPRETED AS NOT CONFERRING ON AN OFFICIAL AN ENTITLEMENT TO AN INVALIDITY PENSION AT THE MAXIMUM RATE WHERE , AS IN THE APPLICANT ' S CASE , HIS TOTAL PERMANENT INVALIDITY ARISES FROM A PUBLIC-SPIRITED ACT PERFORMED PRIOR TO HIS ENTRY INTO THE SERVICE OF THE COMMUNITIES .
20 IT FOLLOWS THAT THE APPLICATION MUST BE DISMISSED AND THAT IT IS THEREFORE NOT NECESSARY TO ARRIVE AT A DECISION ON THE APPLICANT ' S OTHER SUBMISSIONS .
Decision on costs
COSTS
21 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , UNDER ARTICLE 70 OF THOSE RULES COSTS INCURRED BY THE INSTITUTIONS IN PROCEEEDINGS BY SERVANTS OF THE COMMUNITIES ARE TO BE BORNE BY THE INSTITUTIONS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY
1 . DISMISSES THE APPLICATION ;
2 . ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .