THUS ENABLED TO TAKE SUCH MEASURES AS HE SAW FIT IN GOOD TIME AND IN FULL KNOWLEDGE OF THE REASONS .
THE FACTS ALLEGED BY THE APPLICANT IN NO WAY PROVE THAT HIS RESIGNATION WAS TENDERED BECAUSE OF MORAL PRESSURE .
ON THE CONTRARY, IT MUST BE HELD THAT THE APPLICANT FREELY CHOSE TO RESIGN IN ORDER TO TAKE ADVANTAGE OF THE POSSIBILITY OFFERED TO HIM BY THE NETHERLANDS GOVERNMENT TO RETURN TO ITS SERVICE .
THE FACT THAT HE DECIDED TO FOLLOW THIS COURSE THROUGH FEAR OF SUBSEQUENT REFUSAL TO APPLY THE PROVISIONS OF THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES TO HIM WHEN THEY ENTERED INTO FORCE DOES NOT MEAN THAT HE DID NOT TAKE HIS DECISION FREELY, AS HE MOST PROBABLY THOUGHT THAT IT WAS IN HIS INTERESTS TO AVOID THE RISKS WHICH HE WOULD UNDERGO REMAINING IN THE SERVICE OF THE COUNCILS .
THE APPLICANT'S CLAIM FOR COMPENSATION FOR THE INJURY WHICH HE CLAIMS TO HAVE SUFFERED FOLLOWING HIS RESIGNATION IS THEREFORE UNFOUNDED .
IN HIS REPLY THE APPLICANT PUT FORWARD A SUBSIDIARY ARGUMENT WHICH EFFECTIVELY ACCUSES THE DEFENDANTS OF AN ADMINISTRATIVE ERROR OR A BREACH OF CONTRACT .
THIS ALLEGATION IS ENTIRELY WITHOUT FOUNDATION FOR THE REASONS SET OUT ABOVE AND THE CLAIM FOR COMPENSATION MUST THEREFORE BE REJECTED WITHOUT HAVING ANY NEED TO EXAMINE THE FURTHER ARGUMENTS PUT FORWARD BY THE APPLICANT .
THE CLAIM FOR REIMBURSEMENT OF CONTRIBUTIONS TO THE PROVIDENT FUND IS NOW WITHOUT PURPOSE AS THE APPLICANT HAS RECEIVED COMPLETE SATISFACTION IN THIS RESPECT .
Decision on costs
THE APPLICANT HAS FAILED IN HIS APPLICATION .
HE SHALL THEREFORE BE ORDERED TO PAY THE COSTS .
PURSUANT TO ARTICLE 70 OF THE RULES OF PROCEDURE OF THE COURT THE COSTS INCURRED BY THE COUNCILS SHALL BE BORNE BY THEM .
Operative part
THE COURT ( FIRST CHAMBER )
HEREBY
1 . DISMISSES APPLICATION 12/61;
2 . ORDERS THE APPLICANT TO BEAR HIS OWN COSTS WHILE THE COSTS INCURRED BY THE DEFENDANTS ARE TO BE BORNE BY THEM .