BY THE INVALIDITY COMMITTEE , AS IS CLEAR FROM ARTICLE 13 OF ANNEX VIII TO THE STAFF REGULATIONS . SINCE THE OBJECTION OF INADMISSIBILITY IS DEVOID OF PURPOSE IF THE APPLICATION FOR ANNULMENT IS DISMISSED , THE SUBSTANCE MUST FIRST BE CONSIDERED .
8 THE COMMISSION DOES NOT CONTEST THE FACTS AS OUTLINED BY THE APPLICANT BUT IT CONSIDERS THAT THE PROVISIONS OF THE STAFF REGULATIONS THEMSELVES PRECLUDE THE AWARD TO HIM OF AN INVALIDITY PENSION .
9 THE COMMISSION EMPHASIZES IN THE FIRST PLACE THAT THE APPLICANT DID NOT REQUEST THAT THE MATTER BE REFERRED TO THE INVALIDITY COMMITTEE EITHER IN 1967 WHEN HE SUFFERED HIS FIRST INFARCTION OR IN 1973 WHEN HE LEFT THE SERVICE . ON THE OTHER HAND THE APPLICANT RETURNED TO WORK AFTER HIS ILLNESS IN 1967 AND CONTINUED TO PERFORM HIS DUTIES UNTIL 1973 WHEN , AT HIS OWN REQUEST , REGULATION NO 2530/72 WAS APPLIED TO HIM . ACCORDINGLY , THERE WAS NO REASON FOR THE COMMISSION TO REFER THE MATTER TO THE INVALIDITY COMMITTEE .
10 NEXT , THE COMMISSION CONTENDS THAT THE PROVISIONS OF THE STAFF REGULATIONS ARE BASED ON THE IDEA EXPRESSED IN ARTICLE 53 THAT AN OFFICIAL WHO IS RECOGNIZED BY THE INVALIDITY COMMITTEE TO BE SUFFERING FROM TOTAL INVALIDITY IS TO CEASE TO PERFORM HIS DUTIES AND IS TO BE RETIRED . THE PROCEDURE TO ESTABLISH INVALIDITY CANNOT THEREFORE BE APPLIED TO AN OFFICIAL WHO HAS ALREADY CEASED TO PERFORM HIS DUTIES . THE SAME IDEA IS EXPRESSED IN ARTICLE 13 OF ANNEX VIII - A PROVISION ON WHICH THE APPLICANT ' S ARGUMENTS ARE BASED - INASMUCH AS THE INVALIDITY PENSION PROVIDED FOR THEREIN IS AWARDED BY THE INVALIDITY COMMITTEE ONLY TO AN OFFICIAL WHO IS SUFFERING FROM TOTAL PERMANENT INVALIDITY PREVENTING HIM FROM PERFORMING THE DUTIES CORRESPONDING TO A POST IN HIS CAREER BRACKET , AND WHO ' ' IS OBLIGED ON THESE GROUNDS TO END HIS SERVICE ' ' WITH THE COMMUNITIES .
11 FOR THE PURPOSES OF THE APPLICATION TO THE PRESENT CASE OF ARTICLE 13 OF ANNEX VIII , A DISTINCTION MUST BE DRAWN BETWEEN THE TWO ARGUMENTS ADDUCED BY THE APPLICANT WHICH ARE THAT THE MATTER SHOULD HAVE BEEN REFERRED TO THE INVALIDITY COMMITTEE WHEN HE LEFT THE SERVICE IN 1973 AND THAT THE MATTER SHOULD HAVE BEEN REFERRED TO THE INVALIDITY COMMITTEE AFTER HIS SECOND HEART ATTACK IN 1980 .
12 AS REGARDS THE LATTER CASE , THE COMMISSION ' S REASONING MUST BE ACCEPTED . IT FOLLOWS FROM THE UNEQUIVOCAL PROVISIONS OF ARTICLE 13 OF ANNEX VIII WHICH LAYS DOWN , IN ACCORDANCE WITH ARTICLE 78 OF THE STAFF REGULATIONS , THE CONDITIONS ON WHICH AN OFFICIAL IS ENTITLED TO AN INVALIDITY PENSION , THAT THE PROCEDURE TO ESTABLISH INVALIDITY MAY BE INITIATED ONLY IN RELATION TO AN OFFICIAL WHO IS OBLIGED TO END HIS SERVICE WITH THE COMMUNITIES BECAUSE HE IS SUFFERING FROM AN INVALIDITY PREVENTING HIM FROM PERFORMING HIS DUTIES .
13 IT FOLLOWS THAT AN OFFICIAL WHO