DURING HER PROBATIONARY PERIOD . THE IMPERFECTION OF THESE THREE TRANSLATIONS IS ALLEGED TO HAVE CONVINCED THE DEFENDANT THAT THERE WAS NO NEED TO SUBJECT THE APPLICANT TO ANY OTHER TESTS .
AS FOR THE FIRST ARGUMENT IT APPEARS FROM THE DOCUMENTS IN THE FILE THAT DURING THE PERIOD 9 DECEMBER 1952 TO 8 JANUARY 1953 THE AVERAGE NUMBER OF PAGES TRANSLATED WAS SOME 95 PER TRANSLATOR FOR THE ITALIAN SECTION . THIS ARGUMENT CANNOT THEREFORE BE ACCEPTED .
AS TO THE TRANSLATION OF 18 DECEMBER 1952 PRODUCED BY THE DEFENDANT, THE APPLICANT BY NOTICE DATED 3 JANUARY 1956, REGISTERED ON 12 JANUARY 1956, CONTESTED ITS AUTHENTICITY AND CLAIMED NOT TO BE THE AUTHOR .
HOWEVER, BY NOTICE DATED 22 MAY 1956, REGISTERED ON 24 MAY 1956, THE APPLICANT NOTIFIED THE COURT THAT SHE ACCEPTED THE SAID DOCUMENT AS " LEGALLY AUTHENTIC " ALTHOUGH IT DID NOT REFLECT THE TRUE POSITION .
THE COURT MUST RULE ON THE AUTHENTICITY OF THE SAID DOCUMENT .
THE DOCUMENTS PRODUCED BY THE DEFENDANT SHOW THAT THE DOCUMENT IN QUESTION IS IN FACT THE TRANSLATION MADE INTO ITALIAN BY THE APPLICANT FROM A FRENCH ORIGINAL . THE EVIDENCE OF WITNESSES GIVEN AT THE INQUIRY CONDUCTED BY THE SECOND CHAMBER CORROBORATES THE FINDINGS RESULTING FROM THE DOCUMENTS PRODUCED .
THE EXPERT'S OPINION ORDERED BY THE SECOND CHAMBER WITH REGARD TO THIS DOCUMENT HAS NOT CONFIRMED THE DEFENDANT'S ALLEGATION THAT THIS TRANSLATION CONSTITUTED BY ITS INFERIOR QUALITY PATENT EVIDENCE OF THE APPLICANT'S INABILITY .
HAVING REGARD TO THE OPINION OF THE EXPERT AND TAKING ACCOUNT OF THE FACT THAT THE TIME-LIMIT GIVEN FOR THE TRANSLATION WAS VERY SHORT, THE COURT CONSIDERS THAT AN UNFAVOURABLE EVALUATION COULD NOT REASONABLY HAVE BEEN MADE AS A RESULT OF THIS SINGLE TEST WHICH HAS BEEN PRODUCED IN VIEW OF THE FACT THAT THE QUALITY OF THE TRANSLATION IS NOT SUCH AS TO REVEAL BY ITSELF MARKED INABILITY ON THE PART OF THE APPLICANT FOR THE WORK OF TRANSLATOR WITH THE HIGH AUTHORITY .
THE TWO OTHER TRANSLATIONS MADE BY THE APPLICANT HAVE NOT BEEN PRODUCED SO THAT IT HAS NOT BEEN SHOWN THAT THEY REVEAL INABILITY ON THE PART OF THE APPLICANT . FURTHER THE APPLICANT, HAVING ENTERED A DEPARTMENT WHICH WAS STRANGE TO HER AND WHICH REQUIRED A CERTAIN ASSIMILATION TO ADAPT HERSELF TO IT, COULD LEGITIMATELY EXPECT A GREATER AMOUNT OF WORK WHICH WOULD HAVE ALLOWED HER TO SHOW HER CAPACITY .
FOR ALL THESE REASONS THE COURT CONSIDERS THAT THE EXCEPTIONALLY LIMITED NUMBER OF TRANSLATIONS REQUIRED OF THE APPLICANT DURING HER PROBATIONARY PERIOD CONSTITUTES A SERIOUS PRESUMPTION IN SUPPORT OF THE CLAIM THAT THE PROBATIONARY PERIOD OF THE APPLICANT WAS NOT REGULARLY CONDUCTED . IN THE CIRCUMSTANCES IT WAS FOR THE DEFENDANT TO REBUT THIS PRESUMPTION . SUFFICIENT EVIDENCE IS THE FORM OF TRANSLATIONS MADE UNDER APPROPRIATE CONDITIONS BY THE APPLICANT SHOWING HER PATENT INCAPACITY TO DO HER WORK WITH THE HIGH AUTHORITY HAS NOT BEEN ADDUCED AND IN CONSEQUENCE THE PROBATIONARY PERIOD MUST BE REGARDED AS