18 IT FOLLOWS THAT THIS SUBMISSION IS INAPPOSITE AND THAT IT IS THEREFORE UNNECESSARY TO CONSIDER IT .
19 THE APPLICANT SUBMITS NEXT THAT APPLICATION OF THE DISPUTED PROVISIONS ENTAILS DISCRIMINATION . THE COMMISSION ADOPTED CERTAIN ADMINISTRATIVE PROVISIONS FOR A FIVE-YEAR PERIOD IN FAVOUR OF CERTAIN RECIPIENTS OF BENEFITS PAYABLE IN RESPECT OF PERSONS WHO ARE TREATED AS DEPENDANTS . IT OUGHT TO HAVE ADOPTED SIMILAR MEASURES IN FAVOUR OF PENSIONERS SUCH AS THE APPLICANT .
20 IT MUST BE POINTED OUT THAT THE DISCRIMINATION IN THE LEGAL SENSE CONSISTS OF TREATING IN AN IDENTICAL MANNER SITUATIONS WHICH ARE DIFFERENT OR TREATING IN A DIFFERENT MANNER THE SAME SITUATIONS WHICH ARE IDENTICAL . THE TREATMENT ENJOYED BY PERSONS WHO ARE COUNTED AS DEPENDANTS HAS NO BEARING WHATSOEVER ON THE APPLICANT ' S SITUATION AND ACCORDINGLY THAT SUBMISSION MUST BE REJECTED .
21 THE APPLICANT CLAIMS FINALLY THAT THE REDUCTION IN PENSION BENEFITS PAID , MADE PURSUANT TO REGULATIONS NOS 3085/78 AND 3086/78 , WAS IN BREACH OF CERTAIN GENERAL PRINCIPLES OF LAW UPHELD BY COMMUNITY LAW . HE CLAIMS IN THAT REGARD THAT HE WAS ENTITLED TO EXPECT THE CONTINUED PAYMENT OF THE BENEFITS AWARDED TO HIM , THE LEVEL OF WHICH HAD GUIDED HIM IN CHOOSING HIS MODE OF LIVING DURING HIS YEARS OF RETIREMENT .
22 BY THAT SUBMISSION THE APPLICANT MUST BE SEEN AS CLAIMING THAT THERE HAS BEEN A BREACH OF THE PRINCIPLE OF THE PROTECTION OF THE LEGITIMATE EXPECTATION TO WHICH COMMUNITY SERVANTS ARE ENTITLED , THAT COMMITMENTS WHICH THE INSTITUTIONS HAVE ENTERED INTO WILL BE MET .
23 THE COMMISSION PUT FORWARD TWO ARGUMENTS IN DEFENCE OF THE LAWFULNESS OF THE WEIGHTINGS LAID DOWN BY REGULATION NO 3086/78 . THE RESULT OF MAINTAINING THE FORMER SYSTEM WOULD HAVE BEEN TO PERPETUATE WITHOUT JUSTIFICATION THE INCREASINGLY MANIFEST INEQUALITY OF TWO CATEGORIES OF PENSIONERS , WHICH STEMMED FROM THE CHOICE WHICH THEY MADE PURSUANT TO ARTICLE 45 OF ANNEX VIII TO BE PAID EITHER IN BELGIAN FRANCS OR IN THE CURRENCY OF THEIR COUNTRY OF RESIDENCE . MOREOVER , THE EFFECT OF THE NEW SYSTEM SET UP IN PARTICULAR BY REGULATIONS NOS 3085/78 AND 3086/78 WAS SPECIFICALLY TO RESTORE THE WEIGHTINGS TO THE FUNCTIONS ASSIGNED TO THEM BY THE STAFF REGULATIONS RATHER THAN TO USE THEM TO OFFSET FLUCTUATIONS IN THE RATES OF EXCHANGE .
24 IT MUST BE OBSERVED THAT THE NEW SYSTEM WAS INTRODUCED IN ORDER TO RECTIFY A SITUATION WHICH HAD DETERIORATED AS A RESULT OF FLUCTUATIONS IN THE RATES OF EXCHANGE AND THE PROLONGED APPLICATION OF TEMPORARY EXPEDIENTS DESIGNED TO CONTEND WITH THOSE FLUCTUATIONS . AT THE SAME TIME , IT ENABLED THE VARIOUS CATEGORIES OF PENSIONERS RESIDING IN WEAK CURRENCY COUNTRIES TO BE RESTORED TO A SITUATION IN WHICH THEY WOULD BE ASSURED OF EQUAL TREATMENT .
25 SINCE NONE OF THE COMMUNITY INSTITUTIONS HAD COMMITTED THEMSELVES TO MAINTAINING A SITUATION ARISING FROM THE APPLICATION OF THOSE TEMPORARY EXPEDIENTS WHICH FAVOURED A PARTICULAR CATEGORY OF PENSIONERS , THE APPLICANT ' S