HER TO EFFECT HER DISAFFILIATION FROM THE NATIONAL SCHEME BEFORE 31 MARCH 1983 .
24 IT FOLLOWS FROM THE FOREGOING THAT THE COMMISSION FAILED TO INFORM THE APPLICANT IN GOOD TIME OF ITS ACTUAL OPINION AS REGARDS THE COMPATIBILITY OF THE GERMAN LEGISLATION WITH COMMUNITY LAW AND THE POSSIBILITY OF DISAFFILIATION FROM THE GERMAN FUND BEFORE 31 MARCH 1983 .
25 THAT FAILURE ON THE PART OF THE COMMISSION WAS ONE REASON FOR THE APPLICANT ' S CONTINUED AFFILIATION TO THE GERMAN SICKNESS INSURANCE SCHEME .
26 HOWEVER , THE COMMISSION ' S FAILURE WAS NOT THE SOLE REASON FOR HER CONTINUED AFFILIATION TO THAT SCHEME . THE APPLICANT FAILED TO INFORM THE COMMISSION OF HER SITUATION EITHER AT THE OUTSET , AS THE OTHER PENSIONERS INVOLVED HAD DONE , OR AFTER SHE HAD RECEIVED THE GERMAN FUND ' S LETTER DATED 2 MARCH 1983 INFORMING HER OF THE AMOUNT OF HER MONTHLY CONTRIBUTION BASED ON THE AMOUNT OF HER COMMUNITY PENSION . IN ADDITION , SHE HAS NOT SHOWN THAT SHE MADE THE REQUISITE EFFORTS TO FIND OUT FROM THE GERMAN FUND WHETHER OR NOT IT WAS POSSIBLE TO DISAFFILIATE FROM THE GERMAN SCHEME .
27 IT FOLLOWS THAT THE DAMAGE CAUSED TO THE APPLICANT BY HER CONTINUED AFFILIATION TO THE GERMAN SCHEME AND THE OBLIGATION TO MAKE CONTRIBUTIONS TO IT CALCULATED ON THE BASIS OF HER COMMUNITY PENSION IS THE RESULT BOTH OF THE COMMISSION ' S ACTIONS AND THE APPLICANT ' S OWN CONDUCT .
28 IT MUST ALSO BE POINTED OUT THAT CONTINUED AFFILIATION TO THE GERMAN FUND ENTAILS CERTAIN ADVANTAGES FOR THE APPLICANT IN THE FORM OF THE BENEFITS TO WHICH SHE IS ENTITLED FROM IT AND THAT THOSE ADVANTAGES MUST BE TAKEN INTO ACCOUNT IN DETERMINING THE DAMAGE SUFFERED BY HER .
29 IN VIEW OF THE FOREGOING THE COMMISSION MUST BE ORDERED TO PAY TO THE APPLICANT EACH MONTH A SUM EQUIVALENT TO 50% OF THE CONTRIBUTION , CALCULATED ON THE BASIS OF HER COMMUNITY PENSION , WHICH SHE IS REQUIRED TO PAY EACH MONTH TO THE GERMAN FUND .
Decision on costs
COSTS
30 UNDER ARTICLE 70 OF THE RULES OF PROCEDURE , THE INSTITUTIONS ARE TO BEAR THEIR OWN COSTS IN PROCEEDINGS BROUGHT BY SERVANTS OF THE COMMUNITIES . CONSEQUENTLY , THE COMMISSION MUST BE ORDERED TO PAY ITS OWN COSTS .
31 UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 69 ( 3 ), THE COURT MAY ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART WHERE EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS . IN THIS CASE , AS THE COMMISSION HAS FAILED IN SOME OF ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY ONE HALF OF THE APPLICANT ' S COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
( 1 ) ORDERS THE COMMISSION TO PAY TO THE APPLICANT EACH MONTH A SUM EQUIVALENT TO 50% OF THE CONTRIBUTION , CALCULATED ON THE BASIS