PROTECTION IN ACCORDANCE WITH THAT PROPOSAL OR PROTECTION IN THE FORM TO BE ADOPTED BY THE COUNCIL AS A RESULT OF THAT PROPOSAL . IN THE FURTHER ALTERNATIVE , HE CLAIMS THAT THE PERIOD OF NOTICE SHOULD HAVE BEEN 10 MONTHS AND THAT THE COMMISSION SHOULD BE ORDERED TO PAY HIM COMPENSATION IN RESPECT THEREOF .
2 THE APPLICANT WAS ENGAGED IN 1975 AS A TEMPORARY SERVANT FOR A PERIOD OF TWO YEARS IN THE CAPACITY OF HEAD OF THE ADMINISTRATION AND PERSONNEL DIVISION OF THE JOINT RESEARCH CENTRE ( HEREINAFTER REFERRED TO AS ' ' THE CENTRE ' ' ) IN ISPRA . AS THE WORK PERFORMED BY THE APPLICANT IN HIS POST WAS CONSIDERED UNSATISFACTORY BY HIS SUPERIORS , A FACT WHICH WAS BROUGHT TO HIS ATTENTION , HE WAS TRANSFERRED IN MARCH 1977 TO THE CENTRE IN PETTEN AS HEAD OF THE ADMINISTRATION AND INFRASTRUCTURE DIVISION IN ORDER TO GIVE HIM A FURTHER CHANCE . AT THE SAME TIME HIS CONTRACT WAS RENEWED FOR AN INDEFINITE PERIOD PURSUANT TO ARTICLE 2 ( D ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , A PROVISION WHICH WAS INSERTED AT THAT TIME IN ORDER TO REPLACE THE TERMS OF EMPLOYMENT LAID DOWN BY THE STAFF REGULATIONS FOR STAFF PAID FROM THE RESEARCH AND INVESTMENT APPROPRIATIONS .
3 FOLLOWING CONVERSATIONS WITH THE APPLICANT , THE DIRECTOR OF THE CENTRE IN PETTEN CRITICIZED HIM IN A MEMORANDUM OF 31 JANUARY 1978 FOR THE MANNER IN WHICH HE HAD PERFORMED HIS DUTIES AND REQUESTED HIM TO ' ' TAKE THE DIVISION IN HAND ' ' . FOLLOWING A WRITTEN DENIAL OF THOSE ASSERTIONS , THE APPLICANT LEFT TOWARDS THE MIDDLE OF FEBRUARY FOR THE UNITED STATES WHERE HE REMAINED ON MISSION UNTIL THE BEGINNING OF SEPTEMBER . DURING THAT STAY THE APPLICANT WAS THE VICTIM OF AN ARMED ASSAULT AND SUFFERED A PARTIAL PERMANENT INVALIDITY OF 27% FOR WHICH HE WAS COMPENSATED PURSUANT TO ARTICLE 73 OF THE STAFF REGULATIONS WHICH APPLIES TO OFFICIALS AND OTHER SERVANTS .
4 ON HIS RETURN THE APPLICANT HAD A FURTHER PERSONAL CONVERSATION , ON THIS OCCASION WITH THE DIRECTOR-GENERAL OF THE CENTRE , WHICH WAS FOLLOWED BY AN EXCHANGE OF MEMORANDA FROM WHICH IT IS CLEAR THAT HIS WORK WAS STILL CONSIDERED UNSATISFACTORY . FINALLY , BY A LETTER DATED 1 FEBRUARY 1979 HIS CONTRACT OF EMPLOYMENT WAS TERMINATED WITH THREE AND A HALF MONTHS ' NOTICE , BUT THIS WAS POSTPONED UNTIL 15 AUGUST 1979 ON ACCOUNT OF ILLNESS .
THE PRINCIPAL CLAIM
5 IN SUPPORT OF HIS CLAIM FOR THE ANNULMENT OF THE DECISION THE APPLICANT SUBMITS FIRST THAT THE DECISION TO DISMISS HIM IS VITIATED BOTH BY AN ERROR OF LAW AND BY AN ERROR OF FACT INASMUCH AS IT IS NOT SUPPORTED BY A STATEMENT OF REASONS AND IS BASED ON AN ASSESSMENT OF THE APPLICANT ' S WORK WHICH HE CHALLENGES AND IN RESPECT OF WHICH THE BURDEN OF PROOF LIES ON THE COMMISSION . IN THIS REGARD HE