SYSTEM BUT HAD TO REPLACE IT WITH ANOTHER WHICH DID NOT HAVE THE DISADVANTAGES MENTIONED ABOVE . WHILST IT IS TRUE THAT FOR THIS PURPOSE IT TREATED ON A FOOTING OF EQUALITY ALL UNDERTAKINGS WHICH WERE FOR ANY REASON IN ARREAR WITH THEIR PAYMENTS, WITHOUT CONSIDERING THE QUESTION OF BLAME OR LIABILITY, THIS IS EXPLAINED BY THE INJUSTICES AND UNCERTAINTIES WHICH A MORE CONVENTIONAL SYSTEM WOULD HAVE INTRODUCED INTO THE WORKING OF THE EQUALIZATION SCHEME .
P.701
IT IS MOREOVER CLEAR THAT THE SYSTEM ADOPTED BY DECISION NO 7/61 ELIMINATES AS FAR AS POSSIBLE THE OBJECTIVE INEQUALITIES CAUSED BY THE DELAY IN THE LIQUIDATION OF THE EQUALIZATION SCHEME .
THEREFORE THIS COMPLAINT IS UNFOUNDED .
( D ) FINALLY, THE APPLICANT SUBMITS THAT DECISION NO 7/61 IS DEFECTIVE BECAUSE IT HAS RETROACTIVE EFFECT AND THEREFORE INFRINGES LEGAL PRINCIPLE .
IN SUCH A FINANCIAL SCHEME AS THE ONE IN QUESTION, BASED ON A CLOSE INTERDEPENDENCE BETWEEN THE CONTRIBUTIONS OF EACH OF THE PARTICIPANTS, IT IS ABOVE ALL NECESSARY TO ENSURE EQUALITY OF TREATMENT BETWEEN THOSE SUBJECT THERETO, BY ELIMINATING ALL POSSIBILITY OF DISCRIMINATING BETWEEN THEM . IN THESE CIRCUMSTANCES THE CONTINUANCE OF RULES WHICH WOULD HAVE THE EFFECT OF CONFERRING UNJUSTIFIED BENEFITS ON CERTAIN UNDERTAKINGS COMPARED WITH OTHERS, ON THE PRETEXT THAT THEY ESTABLISHED LEGAL SITUATIONS OR VESTED RIGHTS, WOULD JEOPARDIZE THE OBJECTIVES OF THE SAID SCHEME .
IT IS THEREFORE NECESSARY WITHIN THE FRAMEWORK OF SUCH A SCHEME TO ACKNOWLEDGE THAT THE RESPONSIBLE BODIES HAVE THE POWER TO MAKE THE NECESSARY AMENDMENTS TO SUCH RULES IN ORDER TO ELIMINATE ANY POSSIBLE DISCRIMINATION .
FURTHER, AS THIS FINANCIAL SCHEME IS BEING LIQUIDATED AND THE CONTRIBUTIONS OF EACH PARTICIPANT ARE THEREFORE BEING DEALT WITH ON A PROVISIONAL BASIS, IT IS IMPOSSIBLE TO ELIMINATE ANY SUCH DISCRIMINATION WITHOUT ALTERING SITUATIONS CREATED BY THE PREVIOUS RULES, WHICH HAD TO BE AMENDED . IT IS THEREFORE NECESSARY TO CONCLUDE THAT THIS SUBMISSION IS UNFOUNDED AND MUST BE REJECTED .
THE RESULT OF ALL THESE CONSIDERATIONS IS THAT THIS APPLICATION IS UNFOUNDED .
Decision on costs
THE APPLICANT HAS FAILED IN ALL ITS CLAIMS . HOWEVER, THE CONDUCT OF THE BODIES RESPONSIBLE FOR THE ADMINISTRATION OF THE FINANCIAL SCHEME COULD BE SAID TO HAVE ENCOURAGED IT TO CONTEST JUSTIFICATION FOR THE CHARGE RELATING TO THE PERIOD PRIOR TO 1 FEBRUARY 1957 WHICH COVERED THE LARGEST PART OF THE DISPUTED SUM . IN THESE CIRCUMSTANCES IT IS APPROPRIATE TO APPLY ARTICLE 69(3 ) OF THE RULES OF PROCEDURE AND TO ORDER THAT THE COSTS BE BORNE AS SET OUT IN THE OPERATIVE PART OF THE JUDGMENT;
Operative part
THE COURT
HEREBY :
1 . DISMISSES THE APPLICATION AS UNFOUNDED;
2 . ORDERS THE APPLICANT TO PAY ITS OWN COSTS AND ONE-HALF OF THE DEFENDANT'S COSTS, THE OTHER HALF OF THE DEFENDANT'S COSTS TO BE BORNE BY THE DEFENDANT .