Opinion of Mr Advocate General Mayras

Mr President,

Members of the Court,

I —. The large number of applications made by the applicant for the reimbursement of sickness expenses and the large amounts involved in most of them seem to be the main raison d'être of this case. Mr Misenta, a scientific official with the Commission posted to the Joint Research Centre at Ispra (Italy), has in fact submitted for the period from 8 March 1977 to 2 May 1978 six applications for the reimbursement of medical expenses totalling DM 12235. This amount represents the medical expenses and hospital fees incurred by the applicant in the Federal Republic of Germany, his country of origin, from 10 February 1976 to 2 February 1978. The Commission tells us that subsequently the applicant again presented on 5 June 1978 a statement for treatment mostly paid for in lire and another on 18 July 1978 in which only treatment paid for in German marks appears.

II —. The applicant's problems stem from the fact that he has incurred expenses in a strong currency (German marks) and, after conversion into Belgian francs, the reference currency for calculating amounts owing, he was reimbursed in a weak currency (lire) whose relative value had fallen considerably in the time between the expenditure's being incurred and its reimbursement.

III —. Faced with these criticisms the Commission does not deny the imperfections of its system. It merely thinks that they are not sufficiently serious to call in question its legality. It points out the complexity of the subjectmatter and emphasizes all the efforts it has made, including devising the system in dispute, and which it is still making in order to ensure that its officials receive a fair reimbursement of their sickness expenses. It also stresses that a large number of the applicant's comments are suggestions for the setting up of another system which are not for him to make in the context of the present proceedings and which, besides, would be much open to criticism.

In conclusion I propose that the Court grant Mr Misenta's application and consequently that it should:

1 Translated from the French.