IS THEREFORE NOT DECISIVE .
26 THE COURT HAS CONSISTENTLY HELD THAT SUCH A PROCEDURE IS TAINTED WITH IRREGULARITY IN SO FAR AS THE APPOINTING AUTHORITY HAS NOT BEEN ABLE TO CONSIDER THE COMPARATIVE MERITS OF THE CANDIDATES BECAUSE THERE HAS BEEN A SUBSTANTIAL DELAY ON THE PART OF THE ADMINISTRATION IN DRAWING UP THE PERIODIC REPORTS OF ONE OR MORE OF THEM .
27 IT SHOULD , HOWEVER , BE EMPHASIZED THAT THAT DOES NOT MEAN THAT WHEN THE APPOINTMENT DECISION IS MADE ALL APPLICANTS MUST BE AT EXACTLY THE SAME STAGE REGARDING THE STATE OF THEIR PERIODIC REPORTS OR THAT THE APPOINTING AUTHORITY MUST POSTPONE ITS DECISION IF THE MOST RECENT REPORT ON ONE OR OTHER OF THE APPLICANTS IS NOT YET FINAL BECAUSE IT HAS BEEN REFERRED TO THE APPEAL ASSESSOR OR TO THE JOINT COMMITTEE . FURTHERMORE , IT SHOULD BE NOTED THAT THE COURT , IN A CASE IN WHICH A LARGE NUMBER OF APPOINTMENTS WERE CHALLENGED ( INTERIM JUDGMENT OF 18 DECEMBER 1980 IN JOINED CASES 156/79 AND 51/80 GRATREAU V COMMISSION ( 1980 ) ECR 3943 ), EMPHASIZED THAT THE FACT THAT THE PERSONAL FILE OF ONE APPLICANT WAS IRREGULAR AND INCOMPLETE WAS NOT A SUFFICIENT GROUND FOR THE ANNULMENT OF THE APPOINTMENTS UNLESS IT WAS ESTABLISHED THAT THIS WAS CAPABLE OF HAVING A DECISIVE EFFECT ON THE APPOINTMENT PROCEDURE .
28 IN THE PRESENT CASE THERE IS NO DOUBT THAT THE APPLICANT ' S PERIODIC REPORT FOR THE YEARS 1977 TO 1979 WAS DRAWN UP WITH CONSIDERABLE AND INEXPLICABLE DELAY AND FOR THAT REASON THE ORIGINAL APPOINTMENT PROCEDURE WAS TAINTED WITH IRREGULARITY . ON THE OTHER HAND IT IS COMMON GROUND THAT THE APPOINTING AUTHORITY RECONSIDERED THE APPLICATION AFTER IT RECEIVED THE PERIODIC REPORT AND THE COMMENTS APPENDED THERETO BY THE APPLICANT . MOREOVER , IN VIEW OF THE CIRCUMSTANCES OF THE CASE AND ABOVE ALL THE CONFIRMATORY DECISION WHICH THE APPOINTING AUTHORITY TOOK FOLLOWING THAT RECONSIDERATION , THERE ARE NO GROUNDS FOR A FINDING THAT THE ABSENCE OF THE PERIODIC REPORT WAS CAPABLE OF HAVING A DECISIVE EFFECT UPON THE ORIGINAL APPOINTMENT PROCEDURE .
29 FOR THOSE REASONS IT IS NECESSARY TO DISMISS THE CLAIMS FOR ANNULMENT AND DAMAGES BASED ON THE IRREGULARITY OF THE PROCEDURE RELATING TO THE APPOINTMENT OF HEADS OF GROUP FOLLOWING VACANCY NOTICES NOS COM/895 TO 901/80 .
Decision on costs
COSTS
30 ALTHOUGH THE APPLICANT HAS FAILED IN THE MAJORITY OF HIS SUBMISSIONS , IT IS NECESSARY FOR THE PURPOSES OF COSTS TO TAKE ACCOUNT OF THE ABOVE-MENTIONED CONSIDERATIONS RELATING TO THE CONDUCT OF THE DEFENDANT . IT IS APPARENT THAT THE PROCEEDINGS WERE INDUCED BY THAT CONDUCT AND BY THE LACK OF REGARD FOR THE APPLICANT WHICH IT DEMONSTRATED . IT MUST BE REMEMBERED THAT FOR A VERY LONG PERIOD THE COMMISSION GAVE THE APPLICANT ONLY WORK OF AN INSUFFICIENT QUANTITY AND LEVEL IN SPITE OF HIS COMPLAINTS AND IN SPITE OF HIS LONG EXPERIENCE AND HIS UNDENIABLE AND UNDENIED ABILITY AND THAT THE COMMISSION