FROM THE CONSIDERATIONS SET FORTH ABOVE THAT THAT VIEW CANNOT BE UPHELD . THE COMMISSION HAS ALWAYS USED THE PARITY REFERRED TO IN ARTICLE 63 OF THE STAFF REGULATIONS . AS FROM APRIL , IT APPLIED THE PARITY REFERRED TO IN THE AMENDED VERSION OF THAT SAME ARTICLE . IT APPEARS FROM ARTICLE 15 OF THE AGREEMENT THAT IT WAS NOT ENVISAGED THAT THE PARITY SHOULD REMAIN UNCHANGED THROUGHOUT THE CURRENCY OF THE AGREEMENT . IT CANNOT THEREFORE BE ASSERTED THAT BY APPLYING THE NEW PARITY THE COMMISSION FAILED TO ACT IN ACCORDANCE WITH THE AGREEMENT . REGULATIONS NOS 3085/78 AND 3086/78 HAD NO RETROACTIVE EFFECT AND THE COMMISSION MERELY APPLIES THEM AS FROM THE DATE ON WHICH THEY ENTERED INTO FORCE .
34 THE APPLICANT ALSO MAINTAINS THAT THE COMMISSION COULD HAVE DEDUCTED THE MONTHLY REPAYMENTS IN BELGIAN FRANCS BEFORE PAYING HIM IN LIRE THE BALANCE OF HIS REMUNERATION , WHICH WOULD HAVE BEEN MORE FAVOURABLE FOR HIM . BY NOT DOING SO THE COMMISSION FAILED TO DISCHARGE ITS OBLIGATION TO ASSIST ITS OFFICIALS .
35 THAT COMPLAINT CANNOT BE ACCEPTED . THE APPLICANT HAS PUT FORWARD NO ARGUMENT CAPABLE OF PROVING THAT THE PROCEDURE PROPOSED BY HIM , IF CAPABLE OF IMPLEMENTATION BY THE COMMISSION , WOULD HAVE BEEN MORE FAVOURABLE FOR HIM . ON THE CONTRARY , DEDUCTION IN BELGIAN FRANCS OF THE AMOUNT OF THE MONTHLY PAYMENTS WOULD HAVE EXPOSED THE APPLICANT TO THE RISK OF HIS BEING DEPRIVED OF THE BENEFIT NOW ACCRUING TO HIM FROM THE FACT THAT THE TRANSFERS MADE IN ACCORDANCE WITH THE PROCEDURE UNDER ARTICLE 17 OF ANNEX VII TO THE STAFF REGULATIONS ARE SUBJECTED TO A MULTIPLIER IN THE FORM OF A WEIGHTING FOR THE COUNTRY OF TRANSFER ( IN APRIL 1979 , 100 ) DIVIDED BY THAT OF THE COUNTRY IN WHICH THE OFFICIAL IS EMPLOYED ( IN APRIL 1979 , 70.3 ). AS A RESULT OF THAT OPERATION IN APRIL 1979 A TRANSFER OF BFR 1 COST ONLY LIT 18.35 INSTEAD OF MORE THAN LIT 26 AT THE MARKET RATE .
36 THE APPLICANT CLAIMS IN THE ALTERNATIVE THAT THE AMOUNT IN LIRE OF THE MONTHLY REPAYMENT INSTALMENTS SHOULD BE CALCULATED ON THE BASIS OF AN EXCHANGE RATE CORRESPONDING TO THE EXCHANGE RATE APPLIED TO THE ADVANCE OF THE LOAN AT THE TIME OF THE UPDATING . HE ADMITS THAT THOSE OFFICIALS WHO AT THAT TIME AVAILED THEMSELVES OF THE OPPORTUNITY TO UPDATE THEIR CONTRACTS OBTAINED A HIGHER EXCHANGE RATE FOR THE ADVANCE OF THE LOAN BY REASON OF THE FACT THAT THE PRINCIPAL AMOUNT OF THE LOAN WAS REDUCED . HE IS THEREFORE PREPARED TO PAY OFF HIS LOAN AT THAT HIGHER EXCHANGE RATE .
37 THAT CLAIM DISREGARDS THE FACT THAT THE COMMISSION IS ENTITLED UNDER THE AGREEMENT TO USE THE PARITY IN FORCE FOR THE PURPOSES OF THE STAFF REGULATIONS AT THE TIME OF EACH SUCCESSIVE TRANSFER FOR THE CONVERSION INTO BELGIAN FRANCS OF THE MONTHLY REPAYMENT INSTALMENTS AND THAT THE EFFECT OF THE APPLICANT