THE DUTIES WHICH HE PERFORMED, IN THE TERMS USED BY THE COURT IN ITS AFORESAID JUDGMENT OF 12 JANUARY 1983, IS A MATTER OF LAW, IT WAS FOR THE APPOINTING AUTHORITY TO ANSWER IT .
21 IN THAT REGARD, IT SHOULD BE POINTED OUT THAT, IN THIS CASE, THE APPLICANT' S ILLNESS IS CONNECTED NOT WITH THE PURSUIT OF HIS OCCUPATION BUT WITH RISKS ARISING FROM CONDUCT WHICH IS INCONSISTENT WITH THE OBLIGATIONS IMPOSED UPON OFFICIALS BY THE STAFF REGULATIONS AND WHICH IS THEREFORE WHOLLY UNCONNECTED WITH THE APPLICANT' S PROPER PERFORMANCE OF HIS DUTIES .
22 IN THE LIGHT OF THE FOREGOING CONSIDERATIONS, IT MUST BE HELD THAT THE APPOINTING AUTHORITY WAS BOUND UNDER THE STAFF REGULATIONS TO DECIDE THAT THE ILLNESS FROM WHICH THE APPLICANT WAS SUFFERING WAS NOT AN OCCUPATIONAL DISEASE .
23 IT FOLLOWS THAT THE FOURTH SUBMISSION MUST ALSO BE REJECTED .
Decision on costs
COSTS
24 PURSUANT TO 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, INSTITUTIONS ARE TO BEAR THEIR OWN COSTS IN PROCEEDINGS BROUGHT BY SERVANTS OF THE COMMUNITIES . UNDER ARTICLE 69 ( 3 ) THE COURT MAY, IN CERTAIN SPECIFIC CIRCUMSTANCES, ORDER EVEN A SUCCESSFUL PARTY TO PAY THE COSTS WHICH THE COURT CONSIDERS THAT PARTY TO HAVE CAUSED THE OPPOSITE PARTY TO INCUR .
25 IN THIS CONNECTION, IT SHOULD BE BORNE IN MIND THAT THE COMMISSION HAS ACKNOWLEDGED THAT ITS LETTER OF 15 MARCH 1983 ENTRUSTING THE INVALIDITY COMMITTEE WITH THE TASK OF CONSIDERING THE APPLICANT' S POSITION WAS WORDED AMBIGUOUSLY AND WAS SUCH AS TO CREATE THE IMPRESSION THAT THE COMMITTEE WAS ALSO EMPOWERED TO DETERMINE WHETHER HE WAS SUFFERING FROM AN OCCUPATIONAL DISEASE . THAT AMBIGUITY WAS HEIGHTENED BY THE STANDARD PRINTED FORM USED BY THE COMMISSION AND ANNEXED TO THE AFORESAID LETTER, WHICH CONTAINED THE FOLLOWING SENTENCE : "THE INVALIDITY COMMITTEE STATES THAT THE INVALIDITY ARISES/DOES NOT ARISE FROM AN OCCUPATIONAL DISEASE ".
26 IN THOSE CIRCUMSTANCES, THE COMMISSION MUST BE ORDERED, PURSUANT TO ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE, TO PAY 50% OF THE APPLICANT' S COSTS .
Operative part
On those grounds,
THE COURT ( First Chamber )
hereby :
( 1 ) Dismisses the application;
( 2 ) Orders the Commission to pay 50% of the applicant' s costs .