IN FACT , OF USING SINCE HER OBJECTIVE WAS TO AVOID PAYMENT OF THE CONTRIBUTION BASED ON HER COMMUNITY PENSION AND NOT TO DISAFFILIATE FROM THE GERMAN SCHEME , AS IS CLEAR FROM HER CORRESPONDENCE WITH THE GERMAN FUND .
18 FINALLY , THE COMMISSION MAINTAINS THAT THE CHANGE IN ITS INITIAL POSITION CONCERNING THE COMPATIBILITY OF THE GERMAN LEGISLATION WITH COMMUNITY LAW DID NOT PREJUDICE THE PENSIONERS AFFECTED WHO HAD INFORMED IT OF THEIR INTEREST IN THE MATTER OR WHO HAD ACTED ON THE ADVICE GIVEN BY IT IN THE STAFF COURRIER OF 28 MARCH 1983 .
19 IT MUST BE POINTED OUT THAT , ALTHOUGH THE WORDING OF ARTICLE 24 OF THE STAFF REGULATIONS APPEARS TO IMPOSE ON THE COMMUNITY INSTITUTIONS AN OBLIGATION TO PROVIDE ASSISTANCE ONLY FOR OFFICIALS AND OTHER SERVANTS WHO ARE IN POST , THE PROVISION , NEVERTHELESS , HAS A MORE GENERAL SCOPE : ITS PURPOSE IS TO PROVIDE OFFICIALS AND OTHER SERVANTS IN ACTIVE EMPLOYMENT WITH PROTECTION BOTH AT THE PRESENT TIME AND IN THE FUTURE IN ORDER TO ENABLE THEM TO CARRY OUT THEIR DUTIES BETTER IN THE GENERAL INTEREST OF THE SERVICE . CONSEQUENTLY , THE COMMUNITY INSTITUTIONS ' DUTY TO PROVIDE ASSISTANCE ALSO EXTENDS TO RETIRED STAFF .
20 IN PRINCIPLE , IT IS FOR THE PERSON CONCERNED TO REQUEST ASSISTANCE FROM THE RELEVANT INSTITUTION . HOWEVER , EXCEPTIONAL CIRCUMSTANCES MAY OBLIGE THE COMMUNITY INSTITUTION TO PROVIDE SPECIFIC ASSISTANCE NOT IN RESPONSE TO A REQUEST FROM THE INDIVIDUAL CONCERNED BUT ON ITS OWN INITIATIVE .
21 THAT IS PRECISELY THE POSITION IN THIS CASE . IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THE COMMISSION ORIGINALLY CONSIDERED THAT THE NEW GERMAN LEGISLATION WAS INCOMPATIBLE WITH THE PROVISIONS OF COMMUNITY LAW AND ADVISED THE COMMUNITY PENSIONERS WHO HAD NOTIFIED IT OF THEIR INTEREST IN THE MATTER NOT TO DECLARE THE AMOUNT OF THEIR PENSIONS TO THE NATIONAL AUTHORITIES . HOWEVER , AFTER DISCUSSIONS WITH THE GERMAN AUTHORITIES THE COMMISSION , BY A STANDARD LETTER DATED 16 MARCH 1983 , ADVISED THOSE PENSIONERS TO DISAFFILIATE FROM THE GERMAN SCHEME AND TO THAT END SENT THEM A CERTIFICATE OF AFFILIATION TO THE COMMUNITY SCHEME .
22 IT IS ALSO EVIDENT THAT THE NUMBER OF COMMUNITY PENSIONERS AFFECTED BY THE NEW GERMAN LEGISLATION IS VERY LIMITED ; ACCORDING TO THE COMMISSION ONLY EIGHT PERSONS WERE INVOLVED AND , WITH THE EXCEPTION OF THE APPLICANT , THEY ALL NOTIFIED THE COMMISSION OF THEIR INTEREST IN THE MATTER AND WERE INDIVIDUALLY INFORMED BY IT . EVEN THOUGH THE APPLICANT FAILED TO NOTIFY IT OF HER POSITION , THE COMMISSION WAS AWARE OF HER AFFILIATION TO THE GERMAN FUND . IT SHOULD THEREFORE HAVE INFORMED HER PERSONALLY IN THE SAME WAY AS IT HAD INFORMED THE OTHERS .
23 IT MUST ALSO BE POINTED OUT THAT THE INFORMATION WHICH THE APPLICANT RECEIVED BY MEANS OF THE COMMISSION ' S COMMUNICATION IN THE 28 MARCH 1983 ISSUE OF THE STAFF COURRIER WAS TOO LATE TO ENABLE