HAND, A MATTER OF SUCH A NATURE AS TO RENDER THE COMMUNITIES LIABLE .
23 THE LETTER OF 20 DECEMBER 1968 FROM THE APPLICANT TO THE DIRECTOR-GENERAL FOR PERSONNEL AND ADMINISTRATION, AND HER COMPLAINT OF 10 FEBRUARY 1969 SHOW THAT HER REQUEST FOR TERMINATION OF SERVICE WAS A RESULT OF THE WRONG INFORMATION WHICH SHE HAD BEEN GIVEN AND WHICH WAS NOT RECTIFIED IN DUE TIME .
MOREOVER, THE FACT THAT IN THE ABOVEMENTIONED LETTER AND COMPLAINT SHE ASKED, IN THE ALTERNATIVE, TO BE REINSTATED IN THE SERVICE OF THE COMMISSION LENDS SUPPORT TO THE CONCLUSION THAT THE PROSPECT OF A RIGHT TO RECEIVE A FULL PENSION FROM THE AGE OF 55 WAS A DECIDING FACTOR IN HER DECISION TO REQUEST THE APPLICATION OF ARTICLE 4 OF REGULATION NO 259/68 .
24 THE APPLICANT REQUESTS THAT THE DAMAGE WHICH SHE SUFFERED AS A RESULT OF THE COMMISSION' S WRONGFUL ACT SHOULD BE COMPENSATED FOR EITHER BY REINSTATING HER IN A POST COMPARABLE TO HER FORMER ONE, OR BY ORDERING THE COMMISSION TO PAY DAMAGES .
25 AN AWARD OF DAMAGES IS, IN THIS CASE, THE METHOD OF COMPENSATION BEST SUITED BOTH TO THE INTERESTS OF THE APPLICANT AND TO THE REQUIREMENTS OF THE SERVICE .
THE DAMAGE LIES PRINCIPALLY IN THE FACT THAT, CONTRARY TO WHAT SHE HAD REASONABLY FORESEEN, THE APPLICANT WILL BE OBLIGED AT THE AGE OF 55 TO CHOOSE BETWEEN A REDUCED PENSION FROM THAT TIME ON AND A FULL PENSION WHEN SHE ATTAINS THE AGE OF 60 BUT, IN THE LATTER CASE, WITHOUT ENTITLEMENT TO ANY PAYMENT DURING THE INTERMEDIATE PERIOD .
26 IN THE CIRCUMSTANCES THE COMMISSION SHOULD BE ORDERED TO PAY THE APPLICANT, WHEN SHE HAS ATTAINED THE AGE OF 55 AND UNTIL SHE HAS ATTAINED THE AGE OF 60, A MONTHLY ALLOWANCE EQUIVALENT TO THE PENSION PAYMENTS TO WHICH SHE WOULD HAVE BEEN ENTITLED IF THE PROVISION IN THE FOURTH SUBPARAGRAPH OF ARTICLE 5 ( 7 ) OF REGULATION NO 259/68 HAD BEEN APPLICABLE TO HER .
Decision on costs
27 THE APPLICANT HAS FAILED IN A PART OF HER APPLICATION .
28 HOWEVER, IT FOLLOWS FROM THE FOREGOING THAT THE APPLICATION WAS A RESULT OF A WRONGFUL ACT OR OMISSION ATTRIBUTABLE TO THE DEFENDANT .
29 IN THE CIRCUMSTANCES THE DEFENDANT MUST BE ORDERED TO PAY THE COSTS OF THE ACTION IN ACCORDANCE WITH ARTICLE 69 OF THE RULES OF PROCEDURE .
Operative part
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION FOR THE ANNULMENT OF THE DECISION OF 18 JANUARY 1969 REGARDING A " NOTICE CONCERNING THE SETTLEMENT OF CLAIMS FOR THE ALLOWANCE PROVIDED FOR IN ARTICLE 5 OF REGULATION NO 259/68;
2 . ORDERS THE COMMISSION OF THE EUROPEAN COMMUNITIES TO PAY TO THE APPLICANT FROM THE TIME WHEN SHE ATTAINS THE AGE OF 55 AND UNTIL SHE ATTAINS THE AGE OF 60 A MONTHLY ALLOWANCE, EQUAL TO THE PENSION PAYMENTS TO WHICH SHE WOULD HAVE BEEN ENTITLED IF THE PROVISION IN THE FOURTH SUBPARAGRAPH