THAT ARTICLE 85 OF THE STAFF REGULATIONS PREVENTS THEIR RECOVERY . ACCORDING TO THAT PROVISION : ' ' ANY SUM OVERPAID SHALL BE RECOVERED IF THE RECIPIENT WAS AWARE THAT THERE WAS NO DUE REASON FOR THE PAYMENT OR IF THE FACT OF THE OVERPAYMENT WAS PATENTLY SUCH THAT HE COULD NOT HAVE BEEN UNAWARE OF IT ' ' .
8 HE ALSO RELIED , IN THE ALTERNATIVE , ON THE BREACH OF THE PRINCIPLES OF FAIRNESS AND EQUALITY , INASMUCH AS HE CLAIMED THAT THE UNDUE PAYMENT WAS RECOVERED FROM HIM WHEREAS IT WAS NOT RECOVERED FROM OTHER OFFICIALS WHOSE SITUATION WAS SIMILAR . HOWEVER , HE ABANDONED THAT SUBMISSION IN THE COURSE OF THE PROCEEDINGS WHEN THE ALLEGATION OF A DISPARITY BETWEEN THE MEASURES ADOPTED BY THE COMMISSION PROVED TO BE INCORRECT .
9 ARTICLE 85 ENVISAGES TWO POSSIBLE CASES : FIRST , WHERE THE RECIPIENT WAS AWARE THAT THERE WAS NO DUE REASON FOR THE PAYMENT AND , SECONDLY , WHERE THE FACT OF THE OVERPAYMENT WAS ' ' PATENTLY SUCH ' ' THAT HE COULD NOT HAVE BEEN UNAWARE OF IT . THE APPLICANT MAINTAINS THAT NEITHER APPLIES TO HIS CASE .
10 THE APPLICANT STATES THAT HE WAS NOT AWARE THAT THE SUMS IN QUESTION WERE PAID IN ERROR . ALTHOUGH IT MAY BE SERIOUSLY DOUBTED WHETHER SUCH A STATEMENT IS ADEQUATE AND ALTHOUGH A REASONABLE INTERPRETATION OF ARTICLE 85 RATHER APPEARS TO REQUIRE THE RECIPIENT OF THE UNDUE PAYMENT TO PROVIDE EVIDENCE MAKING THE ALLEGED UNAWARENESS PLAUSIBLE , IT IS SUFFICIENT IN THE PRESENT CASE TO CONSIDER WHETHER ' ' THE FACT OF THE OVERPAYMENT WAS PATENTLY SUCH ' ' THAT HE COULD NOT HAVE BEEN UNAWARE OF IT .
11 IN THAT CONNEXION THE APPLICANT CLAIMS , FIRST , THAT AN ERROR WHICH THE ADMINISTRATION HAS ITSELF COMMITTED OVER SEVERAL YEARS CANNOT BE REGARDED AS PATENT , PARTICULARLY AS IT HAD FULL KNOWLEDGE OF THE SALARY WHICH IT WAS ITSELF PAYING TO HIS WIFE . THAT ARGUMENT CANNOT BE ACCEPTED . IT IS NOT A QUESTION OF WHETHER THE ERROR WAS OR WAS NOT PATENT TO THE ADMINISTRATION , BUT WHETHER IT WAS SO TO THE APPLICANT AND THE SITUATION OF AN ADMINISTRATIVE AUTHORITY , WHICH IS RESPONSIBLE FOR THE PAYMENT OF THOUSANDS OF SALARIES AND ALLOWANCES OF ALL KINDS , CANNOT BE COMPARED TO THAT OF AN OFFICIAL WHO HAS A PERSONAL INTEREST IN CHECKING THE PAYMENTS MADE TO HIM EACH MONTH .
12 SECONDLY , THE APPLICANT CLAIMS THAT THE SALARY STATEMENTS ON WHICH THE AMOUNT OF THE ALLOWANCE WAS INDICATED DID NOT ENABLE HIM TO ASCERTAIN THAT IT WAS IRREGULAR WHILE ON THE OTHER HAND , ' ' TO CALCULATE THE UPPER LIMIT ON THE INCOME OF ONE ' S SPOUSE , ABOVE WHICH THE ALLOWANCE IS NO LONGER PAID . . . IS COMPLICATED AND WOULD BE A TASK FOR AN EXPERT ' ' .
13 THE APPLICANT CANNOT CLAIM THAT HE WAS UNAWARE OF THE AMOUNT OF THE