TO CAST ANY REAL DOUBT ON THE CREDIBILITY OF THAT CORRESPONDENCE AND WHICH FOR THAT VERY REASON WOULD OBVIOUSLY HAVE CAST DOUBT ON THE VALIDITY OF THE COMPLAINT .
32 IN HIS FOURTH SUBMISSION , THE APPLICANT ALLEGES THAT THERE HAS BEEN A BREACH OF THE GENERAL PRINCIPLE THAT THE ACCUSED MUST BE GIVEN THE BENEFIT OF THE DOUBT , INASMUCH AS THE CONTESTED DECISION STATES THAT THE APPLICANT ' S ROLE IN THE TRANSMISSION OF THE DOCUMENTS WENT BEYOND THAT OF A MERE INTERMEDIARY DESPITE THE FACT THAT IT HAS NOT BEEN PROVED THAT HE BENEFITED PERSONALLY FROM THE SALE OF THOSE DOCUMENTS . HE CLAIMS , MOREOVER , THAT THE STATEMENT OF THE REASONS ON WHICH THE DECISION IS BASED IS CONTRADICTORY INASMUCH AS IT IS INCONSISTENT TO SAY THAT HIS ROLE WENT BEYOND THAT OF A MERE INTERMEDIARY WHILST CONCEDING THAT HE DID NOT BENEFIT PERSONALLY FROM THE TRANSMISSION OF THE DOCUMENTS AND DID NOT PERSONALLY ALTER THEM IN ORDER TO INCREASE THEIR PRICE .
33 THE COMMISSION STATES THAT OVER A NUMBER OF YEARS , AS THE APPLICANT ' S OWN STATEMENTS CONFIRM , HE KNOWINGLY HELPED TO PASS ON DOCUMENTS THE CONTENT AND DESCRIPTION OF WHICH WERE SOMETIMES ALTERED IN ORDER TO INCREASE THE PRICE PAID BY THE FINAL PURCHASER . THAT ROLE WENT FAR BEYOND THAT OF A MERE INTERMEDIARY . MOREOVER , THE FACT THAT THE APPLICANT DID NOT PERSONALLY BENEFIT FROM THE TRANSMISSION OF THE DOCUMENTS WAS TAKEN INTO CONSIDERATION WHEN THE CHARGE OF INFRINGEMENT OF ARTICLE 17 OF THE STAFF REGULATIONS WAS WITHDRAWN AND REPLACED BY THE CHARGE OF INFRINGEMENT OF THE FIRST PARAGRAPH OF ARTICLE 12 .
34 IT MUST BE POINTED OUT IN THAT CONNECTION THAT THE FACT THAT THE APPLICANT DID NOT BENEFIT PERSONALLY FROM THE TRANSMISSION OF DOCUMENTS MAY CONSTITUTE AN ATTENUATING CIRCUMSTANCE , BUT IT DOES NOT REDUCE THE APPLICANT ' S ROLE TO THAT OF A MERE INTERMEDIARY ONCE IT IS PROVED THAT HE TOOK AN ACTIVE PART IN THAT TRANSMISSION OVER SEVERAL YEARS , NOT MERELY BY ACTING AS A LETTERBOX BUT ALSO BY LOOKING AFTER THE ACCOUNTING INVOLVED IN THE OPERATION AND , IN CERTAIN CASES , BY PAYING THE PEOPLE WHO SUPPLIED THE DOCUMENTS . SINCE THE SERIOUSNESS OF THE INFRINGEMENT DERIVES FROM THOSE OTHER FACTORS , THE PART OF THE SUBMISSION ALLEGING FAILURE TO RESPECT THE PRINCIPLE THAT THE ACCUSED MUST BE GIVEN THE BENEFIT OF THE DOUBT APPEARS TO BE IRRELEVANT .
35 SIMILARLY , THE ABOVEMENTIONED FACTORS JUSTIFY THE CONCLUSION THAT THE APPLICANT ' S ROLE WAS MORE IMPORTANT THAN THAT OF A MERE INTERMEDIARY . THERE IS THUS NO INCONSISTENCY IN THE FACT THAT THE DECISION SO FOUND EVEN THOUGH IT WAS ALSO ACCEPTED THAT THE APPLICANT DID NOT BENEFIT FROM THAT ACTIVITY NOR DID HE PERSONALLY DESCRIBE THE DOCUMENTS BEING TRANSMITTED AS CONFIDENTIAL IN ORDER TO OBTAIN A HIGHER PRICE .
36 THE FIFTH SUBMISSION ALLEGES THAT A SERIES OF ERRORS WAS COMMITTED BY THE APPOINTING AUTHORITY