HAS SUFFERED DAMAGE .
12 THE APPLICANT CONSIDERS THAT THE DAMAGE OF WHICH SHE COMPLAINS AMOUNTS TO 6.05% OF HER PRESENT AND FUTURE PENSION AND SEEKS DAMAGES IN THE FORM NOT OF A LUMP SUM BUT OF A MONTHLY PAYMENT COMPENSATING FOR THE LOSS SUFFERED . SHE STATES THAT THE SUM IS NOT TO BE REGARDED AS AN INCREASE IN HER PENSION TO BE PAID BY THE PENSION FUND BUT AS COMPENSATION TO BE PAID FROM THE COMMISSION ' S BUDGET .
13 THE COMMISSION MAINTAINS THAT THE ARGUMENT THAT IT SHOULD HAVE INSTITUTED PROCEEDINGS AGAINST THE FEDERAL REPUBLIC OF GERMANY BEFORE THE COURT UNDER THE SECOND PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY IS NEITHER ADMISSIBLE NOR WELL FOUNDED . FURTHERMORE , AN ACTION BROUGHT UNDER ARTICLE 179 OF THE EEC TREATY CANNOT BE USED AS AN INDIRECT MEANS OF ASCERTAINING WHETHER THE GERMAN LEGISLATION CONCERNING SICKNESS INSURANCE AND THE OBLIGATION OF COMMUNITY PENSIONERS TO PAY CONTRIBUTIONS TO THE GERMAN SCHEME CALCULATED ON THE BASIS OF THE AMOUNT OF THEIR PENSIONS ARE CONTRARY TO COMMUNITY LAW .
14 ACCORDING TO THE COMMISSION THIS ACTION MUST THEREFORE BE LIMITED TO THE QUESTION WHETHER THE COMMISSION , AS THE APPOINTING AUTHORITY , FAILED IN ITS DUTY TO PROVIDE ASSISTANCE TO THE APPLICANT .
15 IN THAT CONNECTION THE COMMISSION EMPHASIZES THAT IT ACTED IN GOOD TIME TO INFORM THE COMMUNITY PENSIONERS WHO HAD RAISED THE MATTER WITH IT OF THE POSSIBILITY OF DISAFFILIATING FROM THE GERMAN SICKNESS INSURANCE SCHEME AND HAD ANNEXED TO THE LETTERS SENT TO THEM THE NECESSARY CERTIFICATE OF AFFILIATION TO THE COMMUNITY SICKNESS INSURANCE SCHEME , AND THAT THE APPLICANT HAD KNOWLEDGE OF ONE OF THOSE LETTERS SINCE SHE HAD ANNEXED IT TO HER COMPLAINT DATED 24 DECEMBER 1983 .
16 THE COMMISSION OBSERVES THAT ALTHOUGH THE PRINCIPLE UNDERLYING ARTICLE 24 OF THE STAFF REGULATIONS IS THAT THE COMMISSION IS UNDER AN OBLIGATION TO PROVIDE ASSISTANCE WHEN AN OFFICIAL HAS NEED OF SUCH ASSISTANCE FOR HIS PROTECTION , THE APPLICANT DID NOT IN FACT HAVE NEED OF THAT ASSISTANCE IN SO FAR AS SHE WAS AWARE OF THE POSSIBILITY OF DISAFFILIATION FROM THE GERMAN INSURANCE SCHEME FROM THE GERMAN FUND ' S ENQUIRY AS TO THE AMOUNT OF HER COMMUNITY PENSION AND FROM HER SUBSEQUENT CORRESPONDENCE WITH THE GERMAN FUND WHICH RESULTED IN THE LETTER OF 18 MARCH 1983 WHICH THE GERMAN FUND STATES IT SENT TO THE APPLICANT .
17 THE COMMISSION FURTHER STATES THAT IF THE APPLICANT HAD SUBMITTED HER APPLICATION FOR DISAFFILIATION FROM THE GERMAN SCHEME ON THE DATE THAT SHE ADMITS TO KNOWING OF THAT POSSIBILITY , THAT IS TO SAY , ON 5 OR 6 APRIL 1983 , THE GERMAN AUTHORITIES WOULD NOT HAVE REFUSED THE APPLICATION ON THE GROUND THAT IT WAS OUT OF TIME SINCE THEY HAD EXTENDED THE TIME-LIMIT IN ANOTHER CASE . IT ADDS THAT THE APPLICANT HAS NEVER APPLIED TO IT FOR A CERTIFICATE OF AFFILIATION TO THE COMMUNITY SCHEME WHICH SHE HAD NO INTENTION ,