BE PAID ON THE BASIS OF UPDATED EXCHANGE RATES . HOWEVER , THAT DECISION WAS NEVER APPLIED TO THE SEPARATION ALLOWANCE BECAUSE , ACCORDING TO THE COMMISSION , AFTER A CHECK OF THE VARIOUS BUDGETARY ITEMS IT CONSIDERED THAT THE DECISION SHOULD NOT BE APPLIED TO THAT ALLOWANCE ON THE GROUND THAT ARTICLE 106 OF THE STAFF REGULATIONS PROVIDES THAT IT MAY NOT BE VARIED FOR ANY REASON WHATEVER .
9 AFTER THE ENTRY INTO FORCE OF REGULATIONS NOS 3085 AND 3086/78 THE APPLICANT FOUND THAT IN HIS SALARY STATEMENT FOR APRIL 1979 THE AMOUNT EXPRESSED IN BELGIAN FRANCS WAS CONSIDERABLY REDUCED WHILST THAT PAID IN ITALIAN LIRE REMAINED UNCHANGED .
10 BY LETTER OF 27 JUNE 1979 HE CONSEQUENTLY SUBMITTED TO THE COMMISSION A COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS AGAINST THE ' ' REDUCTION IN REAL TERMS ' ' OF THE ALLOWANCE . HE COMPLAINED NOT ONLY OF THE REDUCTION OF THE AMOUNT IN BELGIAN FRANCS WHICH WAS APPARENT FROM HIS SALARY STATEMENT FOR APRIL 1979 BUT ALSO OF THE NON-APPLICATION OF THE ADMINISTRATIVE DECISION OF 1976 . THE COMMISSION REJECTED THAT COMPLAINT AND THE APPLICANT BROUGHT THIS APPLICATION .
11 THE APPLICANT ' S MAIN CLAIM , RELATING TO THE PERIOD BEGINNING ON 1 APRIL 1979 , SHOULD BE EXAMINED FIRST . HE MAINTAINS THAT THE AMOUNT OF THE SEPARATION ALLOWANCE SHOULD BE PAID AT THE UPDATED EXCHANGE RATE FROM APRIL 1979 . THAT , HE CLAIMS , FOLLOWS FROM ARTICLE 63 OF THE STAFF REGULATIONS AS IT NOW STANDS . THE COMMISSION CONTESTS THAT ARGUMENT . IT MAINTAINS THAT UNDER ARTICLE 106 OF THE STAFF REGULATIONS AN OFFICIAL MAY RECEIVE ONLY THE AMOUNT WHICH HE WOULD HAVE RECEIVED BY WAY OF SEPARATION ALLOWANCE UNDER THE SCALE OF REMUNERATION EXISTING PRIOR TO THE ENTRY INTO FORCE OF THE STAFF REGULATIONS . THAT AMOUNT MAY NOT IN FUTURE BE VARIED FOR ANY REASON WHATEVER . IT FOLLOWS THAT THE AMOUNT OF THE ALLOWANCE IN THE NATIONAL CURRENCY OF THE PLACE WHERE OFFICIALS ARE EMPLOYED WAS FIXED BY APPLYING THE EXCHANGE RATE IN 1961 AND THAT THIS AMOUNT MAY NOT BE CHANGED .
12 THE COMMISSION ' S ARGUMENT CANNOT BE ACCEPTED . IT IS COMMON GROUND THAT OFFICIALS ' REMUNERATION WAS EXPRESSED IN BELGIAN FRANCS BEFORE THE STAFF REGULATIONS WERE ADOPTED AND THEREAFTER THE AMOUNT OF REMUNERATION OF EACH OFFICIAL HAS BEEN FIXED IN BELGIAN FRANCS , EVEN IF THE REMUNERATION IS PAID IN NATIONAL CURRENCY . ARTICLE 106 OF THE STAFF REGULATIONS MUST THEREFORE BE UNDERSTOOD AS MEANING THAT IT ENTITLES AN OFFICIAL TO RECEIVE A SEPARATION ALLOWANCE THE AMOUNT OF WHICH , EXPRESSED IN BELGIAN FRANCS , HAS BEEN FROZEN AT THE 1961 LEVEL . THAT AMOUNT MUST BE CALCULATED IN THE NATIONAL CURRENCY OF THE PLACE WHERE AN OFFICIAL IS EMPLOYED AT THE RATE FIXED IN ARTICLE 63 OF THE STAFF REGULATIONS AS IN FORCE WHEN THE ALLOWANCE HAS TO BE PAID .
13 IT FOLLOWS THAT THE APPLICANT IS