FOR THE APPOINTING AUTHORITY , THAT IS TO SAY THE DIRECTOR-GENERAL FOR PERSONNEL AND ADMINISTRATION IN BRUSSELS . FURTHERMORE , WHEN THE COMPANY ACTING AS OWNER INCREASED THE RENT , THE APPLICANT SHOWED THAT HE WAS AWARE OF THAT RULE .
13 IT FOLLOWS THAT THE APPLICANT MUST HAVE UNDERSTOOD THAT THE ALLOWANCE WAS BEING PAID TO HIM WITHOUT JUSTIFICATION AS FROM THE TIME AT WHICH HE CEASED TO BE A TENANT AND BECAME THE OWNER OF HIS HOUSE .
14 CONSIDERATION OF THE CIRCUMSTANCES OF THE CASE THUS LEADS TO THE CONCLUSION THAT THE IRREGULARITY OF THE PAYMENT OF THE ALLOWANCE FOR THE PERIOD IN QUESTION WAS PATENTLY SUCH THAT THE APPLICANT COULD NOT HAVE BEEN UNAWARE OF IT .
15 IT MUST THEREFORE BE HELD THAT THE COMMISSION APPLIED ARTICLE 85 OF THE STAFF REGULATIONS CORRECTLY AND THAT THE APPLICATION MUST BE DISMISSED ,
Decision on costs
COSTS
16 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , UNDER ARTICLE 70 OF THE RULES OF PROCEDURE , INSTITUTIONS ARE TO BEAR THEIR OWN COSTS IN PROCEEDINGS BY SERVANTS OF THE COMMUNITIES .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2 . ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .