INSTITUTION CONCERNED CANNOT BE HELD LIABLE FOR THE CONSEQUENCES .
49ACCORDINGLY , THERE IS NO CAUSAL LINK BETWEEN THE ALLEGED DAMAGE AND THE ACTION OF THE COMMISSION .
50THE APPLICATION MUST THEREFORE NOT ONLY BE DISMISSED BUT PERHAPS REGARDED AS WITHOUT ANY LEGAL JUSTIFICATION AND THEREFORE VEXATIOUS AND THIS MUST BE BORNE IN MIND IN CONNEXION WITH THE ORDER AS TO COSTS .
Decision on costs
COSTS
51ARTICLE 70 OF THE RULES OF PROCEDURE PROVIDES THAT WITHOUT PREJUDICE TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF THOSE RULES , IN PROCEEDINGS COMMENCED BY AN OFFICIAL OF AN INSTITUTION AGAINST THE INSTITUTION THE LATTER SHALL BEAR ITS OWN COSTS .
52THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) PROVIDES : ' ' THE COURT MAY ORDER EVEN A SUCCESSFUL PARTY TO PAY COSTS WHICH THE COURT CONSIDERS THAT PARTY TO HAVE UNREASONABLY OR VEXATIOUSLY CAUSED THE OPPOSITE PARTY TO INCUR ' ' .
53AS HAS BEEN FOUND , THE CLAIM FOR REPARATION OF THE DAMAGE WHICH THE APPLICANT IS SAID TO HAVE SUFFERED BY HAVING TO CONSULT A LAWYER TO CLARIFY HIS LEGAL POSITION IN ORDER TO LODGE A COMPLAINT MAY BE REGARDED AS VEXATIOUS .
54IT WOULD THEREFORE BE RIGHT TO ORDER THE APPLICANT TO BEAR THE COSTS RESULTING FROM THAT CLAIM BECAUSE IT MUST BE STRESSED THAT SUCH CLAIMS , WHILE LACKING ANY JUSTIFICATION , NEVERTHELESS PLACE A BURDEN BOTH ON THE DEFENDANT AND ON THE COURT IN REFUTING THEM AND SHOULD BE DISCOURAGED .
55HOWEVER , IT MUST BE BORNE IN MIND ALSO THAT THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS OF INADMISSIBILITY .
56IN THE CIRCUMSTANCES OF THE CASE IT IS NEVERTHELESS PROPER TO ORDER EACH PARTY TO BEAR ITS OWN COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2 . ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .