CALCULATED ON THE BASIS OF THE POSITION OF AN UNMARRIED OFFICIAL NOT IN RECEIPT OF THE VARIOUS ALLOWANCES , THE DISTORTIONS WERE ONLY SECONDARY EFFECTS AND NOT INTENDED BY THE REFORM IN QUESTION .
8 THE COMMISSION ADDS THAT THE COUNCIL WAS AWARE OF THE RISKS INVOLVED IN THE NEW METHOD ; THE DECISION OF 29 JUNE 1976 LAYING DOWN THE METHOD INCLUDES A REVIEW CLAUSE FOR DETERMINING POSSIBLE SUBSEQUENT IMPROVEMENTS AND ' ' RECTIFYING ANY DISTORTIONS ' ' . HOWEVER , THE COUNCIL WAS SURPRISED BY THE EXTENT OF THE INCREASES RECEIVED BY CERTAIN OFFICIALS . THE COMMISSION POINTS OUT THAT REGULATION NO 160/80 EFFECTIVELY RECTIFIED THE DISTORTIONS BY AMENDING THE SCALE OF REMUNERATION AND PROVIDING THAT THE ' ' REVISED ' ' SCALE SHOULD HENCEFORTH SERVE AS THE BASIS FOR THE CALCULATION OF ADJUSTMENTS IN FUTURE REMUNERATION .
9 THE COMMISSION ' S ARGUMENTS MUST BE ACCEPTED . IT IN NO WAY FOLLOWS FROM THE DECISIONS AND REGULATIONS PRIOR TO THE REGULATIONS AT ISSUE THAT THE COUNCIL AS PART OF THE METHOD FOR ADJUSTING REMUNERATION SELECTED IN 1976 INTENDED TO FAVOUR CERTAIN OFFICIALS AS AGAINST OTHERS RATHER THAN TO REGULATE THE INCORPORATION OF THE WEIGHTING IN THE SCALE IN A WAY WHICH WOULD REQUIRE SUBSEQUENT RECTIFICATION OF CERTAIN DISTORTIONS .
10 IN ADDITION THE APPLICANTS ' ARGUMENT DISREGARDS THE FACT THAT THE COUNCIL INSERTED A REVIEW CLAUSE IN THE DECISION OF 1976 RELATING IN PARTICULAR TO DISTORTIONS LIKELY TO ARISE FROM THE INCORPORATION OF THE WEIGHTING IN THE SCALE .
11 FOR THOSE REASONS THE COMPLAINTS OF INFRINGEMENT OF VESTED RIGHTS AND BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION MUST BE DISMISSED .
12 THE APPLICANTS THEN CLAIM THAT THERE HAS BEEN AN INFRINGEMENT OF THEIR PERSONAL RIGHTS . UNDER ARTICLE 85 OF THE STAFF REGULATIONS ANY SUM OVERPAID MAY BE RECOVERED ONLY ON THE DUAL CONDITION THAT THE RECIPIENT WAS AWARE OF THE ILLEGALITY AND THAT THE FACT OF THE OVERPAYMENT WAS PATENT . THOSE CONDITIONS ARE NOT SATISFIED IN THE PRESENT CASE SINCE THE PAYMENTS OF SALARIES PRIOR TO THE ENTRY INTO FORCE OF THE CONTESTED REGULATIONS WERE IN ACCORDANCE WITH REGULATION NO 3177/76 . HOWEVER , THE FREEZING OF THE APPLICANTS ' REMUNERATION BY THE COMBINED EFFECT OF REGULATIONS NOS 160 AND 161/80 AMOUNTS TO REPAYMENT OF SUMS WHICH THE COMMISSION CONSIDERS UNDULY PAID .
13 IN THAT RESPECT IT MUST BE REMEMBERED THAT REGULATION NO 160/80 , WHICH HAS RETROACTIVE EFFECT FROM 1 JULY 1979 , PROVIDES THAT NO PART OF THE AMOUNTS PAID DURING THE PERIOD BETWEEN THAT DATE AND THE DATE OF ITS ENTRY INTO FORCE , NAMELY 27 JANUARY 1980 , IS TO BE REQUIRED TO BE REPAID . FURTHERMORE , IT PROVIDES TRANSITIONAL MEASURES INTENDED PROGRESSIVELY TO RE-ABSORB THE DISTORTIONS WITHOUT BRINGING ABOUT A REDUCTION IN THE AMOUNTS ACTUALLY PAID . MOREOVER , THE EFFECT OF COUNCIL REGULATION NO 161/80 OF 21 JANUARY 1980 WAS TO INCREASE , ALSO FROM 1 JULY 1979 , THE REMUNERATION RESULTING