73 OF THE STAFF REGULATIONS ARE SATISFIED; IT MUST THEREFORE BE REGARDED AS A DECISION FOR THE PURPOSES OF ARTICLE 19 OF THE INSURANCE RULES, ALTHOUGH IT WOULD HAVE BEEN PREFERABLE FOR THIS TO HAVE BEEN CLEARLY STATED .
21 SINCE THE APPLICANT' S CLAIM FOR THE ANNULMENT OF THE CONTESTED DECISION IS UNFOUNDED, THERE IS NO NEED TO CONSIDER THE OTHER CLAIMS .
22 IT FOLLOWS THAT THE APPLICATION MUST BE DISMISSED IN ITS ENTIRETY . HOWEVER, THE COURT MUST POINT OUT THAT, SHOULD ANY SUBSEQUENT DAMAGE EMERGE, IT IS OPEN TO THE APPLICANT TO CALL ON THE DEFENDANT TO REOPEN THE ADMINISTRATIVE PROCEDURE, THAT IS TO SAY TO RECONSIDER HIS CASE AND TO COME TO A FRESH DECISION .
Decision on costs
COSTS
23 ACCORDING TO THE FIRST SUBPARAGRAPH OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY' S PLEADING . HOWEVER, ARTICLE 70 OF THE RULES OF PROCEDURE PROVIDES THAT INSTITUTIONS MUST BEAR THEIR OWN COSTS IN ACTIONS BROUGHT BY OFFICIALS OR OTHER SERVANTS OF THE COMMUNITIES, WITHOUT PREJUDICE TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ), WHICH PROVIDES THAT 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 .
24 FACED WITH THE DEFENDANT' S FAILURE TO RESPOND TO HIS REQUEST FOR AN EXPLANATION REGARDING THE CONTESTED DECISION AND TO HIS FORMAL COMPLAINT AGAINST THAT DECISION, THE APPLICANT WAS COMPELLED TO BRING AN ACTION IN ORDER TO AVOID FORFEITING ANY LEGAL RIGHTS .
25 SINCE, THEREFORE, THE DEFENDANT CAUSED THE APPLICANT TO INCUR THE COSTS IN THIS CASE, IT MUST BE ORDERED TO PAY ALL THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT ( SECOND CHAMBER )
HEREBY :
( 1 ) DISMISSES THE APPLICATION;
( 2 ) ORDERS THE COMMISSION TO PAY THE COSTS .