NEVERTHELESS THE COURT MUST EXAMINE THIS OF ITS OWN MOTION AS IT CONCERNS THE ADMISSIBILITY OF THE APPLICATION .
1 . EXAMINATION OF THE RELEVANT PROVISIONS GIVES RISE TO THE FOLLOWING CONSIDERATIONS :
( A ) BY GIVING A RIGHT OF RECOURSE BASED ON ARTICLE 16 OF THE PROTOCOL, THE AUTHORS OF THE PROTOCOL CLEARLY SOUGHT TO ENSURE COMPLIANCE WITH THE PRIVILEGES AND IMMUNITIES THEREIN PRESCRIBED, IN THE INTERESTS NOT ONLY OF THE COMMUNITY AND ITS INSTITUTIONS BUT ALSO OF THE INDIVIDUALS TO WHOM THESE PRIVILEGES AND IMMUNITIES WERE GRANTED AND, ON THE OTHER HAND, IN THE INTERESTS OF THE MEMBER STATES AND OF THEIR ADMINISTRATIVE AUTHORITIES WHICH NEED TO BE PROTECTED AGAINST TOO WIDE AN INTERPRETATION OF THOSE PRIVILEGES AND IMMUNITIES .
IT IS THUS QUITE ACCEPTABLE FOR AN OFFICIAL OF THE COMMUNITY TO APPEAR BEFORE THE COURT OF JUSTICE AS AN APPLICANT AGAINST THE GOVERNMENT OF HIS OWN COUNTRY IN THE SAME WAY AS UNDERTAKINGS HAVE ALREADY CONTESTED BEFORE THE COURT OF JUSTICE ARGUMENTS SUBMITTED BY THE GOVERNMENTS OF THEIR COUNTRIES, INTERVENING IN SUPPORT OF THE HIGH AUTHORITY .
ALTHOUGH THE PRIVILEGES AND IMMUNITIES WERE GRANTED " SOLELY IN THE INTERESTS OF THE COMMUNITY " IT MUST NOT BE FORGOTTEN THAT THEY WERE EXPRESSLY ACCORDED " TO THE OFFICIALS OF INSTITUTIONS OF THE COMMUNITY ".
THE FACT THAT THE PRIVILEGES, IMMUNITIES AND FACILITIES WERE PROVIDED IN THE PUBLIC INTEREST OF THE COMMUNITY CERTAINLY JUSTIFIES THE POWER GIVEN TO THE HIGH AUTHORITY TO DETERMINE THE CATEGORIES OF OFFICIALS TO WHICH THEY ARE APPLICABLE ( ARTICLE 12 ) OR WHERE APPROPRIATE TO WAIVE THE IMMUNITY ( SECOND PARAGRAPH OF ARTICLE 13 ) BUT DOES NOT MEAN THAT THESE PRIVILEGES ARE GRANTED TO THE COMMUNITY AND NOT DIRECTLY TO ITS OFFICIALS . THIS INTERPRETATION IS, FURTHERMORE, CLEARLY SUPPORTED BY THE WORDING OF THE ABOVEMENTIONED PROVISIONS .
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THEREFORE THE PROTOCOL CONFERS AN INDIVIDUAL RIGHT ON THE PERSONS CONCERNED, COMPLIANCE WITH WHICH IS ENSURED BY THE RIGHT OF RECOURSE PROVIDED FOR IN ARTICLE 16 OF THE PROTOCOL .
( B ) ARTICLE 16 OF THE PROTOCOL, WHEREBY " ANY DISPUTE CONCERNING THE INTERPRETATION OR APPLICATION OF THE ... PROTOCOL SHALL BE SUBMITTED TO THE COURT " CONTAINS NO REFERENCE TO ANY PROCEDURE WHICH MUST BE INITIATED AND EXHAUSTED BEFORE THE INTRODUCTION OF AN APPLICATION BEFORE THE COURT . ACCORDING TO THE WORDING OF THAT ARTICLE ANY PERSON WHO REGARDS HIMSELF AS PREJUDICED BY THE INTERPRETATION OR APPLICATION OF THE PROTOCOL MAY SUBMIT THE DISPUTE TO THE COURT OF JUSTICE WITHOUT ANY OTHER PRIOR FORMALITIES .
ACCORDINGLY OFFICIALS OF THE COMMUNITY ARE ENTITLED TO BRING BEFORE THE COURT OF JUSTICE AN APPLICATION UNDER ARTICLE 16 OF THE PROTOCOL AGAINST THE GOVERNMENT OF THEIR COUNTRY WITHOUT BEING OBLIGED BEFOREHAND TO HAVE RECOURSE TO THE PROCEDURE PROVIDED BY OTHER PROVISIONS OF COMMUNITY LAW OR NATIONAL LAW .
2 . NEVERTHELESS THE PROBLEM MUST ALSO BE EXAMINED IN THE LIGHT OF THE SCHEME OF THE TREATY AND THE RULES OF LAW GENERALLY ACCEPTED IN