REAL CHANCE OF BEING APPOINTED AS AN ADMINISTRATOR IN THE " LIBRARY AND RESEARCH " DIVISION OF THE COURT OF JUSTICE, BUT THAT HE WAS FOILED BY UNFAVOURABLE INFORMATION FORWARDED BY THE COMMISSION ON THE SUBJECT OF HIS FORMER EMPLOYMENT .
9 HOWEVER HE HAS BEEN UNABLE TO ADDUCE ANY PROOF WHATEVER, EITHER AS TO THE REALITY OF HIS CHANCE OF RECRUITMENT, OR AS TO THE INFORMATION ALLEGEDLY FORWARDED BY THE COMMISSION .
A PREPARATORY DOCUMENT DRAWN UP BY THE DEPARTMENTS OF THE COURT ON THE SUBJECT OF A POSSIBLE TRAINING COURSE FOR THE PARTY CONCERNED, AND PUT IN EVIDENCE BY THE LATTER, CANNOT BE CONSIDERED AS CONCLUSIVE BECAUSE OF ITS PURELY INTERNAL AND PREPARATORY CHARACTER .
10 IN ADDITION, THE PLAINTIFF HAS PRODUCED A TELEGRAPHIC COMMUNICATION WHICH EMANATED FROM AN OFFICIAL OF THE COURT' S ADMINISTRATION, LETTING HIM KNOW THAT HIS CHANCES OF OBTAINING A POST DETERIORATED AFTER " ENQUIRIES MADE IN BRUSSELS ".
THIS COMMUNICATION, ALLUSIVE AND OF A PERSONAL NATURE, DOES NOT HOWEVER ESTABLISH MORE THAN THE EXISTENCE OF PRELIMINARY CONTACTS OR ENQUIRIES IN RELATION TO THE PARTY CONCERNED WITH A VIEW TO HIS POSSIBLE APPOINTMENT .
11 THE APPLICANT HAS NOT PRODUCED, NOR EVEN OFFERED TO PRODUCE, ANY ADDITIONAL PROOF IN SUPPORT OF HIS ALLEGATIONS .
HENCE, THE PROSPECTS OF A POST WHICH HE CLAIMS TO HAVE HAD, IN THE SAME WAY AS THE EFFECT OF ALLEGEDLY UNFAVOURABLE INFORMATION ON THE PART OF THE COMMISSION ON HIS SUPPOSED CHANCES, MUST BE CONSIDERED AS BELONGING TO AN AREA OF PURE CONJECTURE .
12 THUS THE ACTION MUST BE REJECTED INVIEW OF THE APPLICANT' S FAILURE TO ESTABLISH EVEN THE SEMBLANCE OF A FACT CAPABLE OF GIVING RISE TO LIABILITY ON THE PART OF THE COMMUNITY .
Decision on costs
13 BY ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
THE APPLICANT HAS FAILED IN HIS PLEAS .
HOWEVER, BY ARTICLE 70 OF THE RULES OF PROCEDURE, THE EXPENSES INCURRED BY THE INSTITUTIONS IN ACTIONS BY COMMUNITY SERVANTS SHALL BE BORNE BY THE INSTITUTIONS .
Operative part
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DISMISSES THE ACTION;
2 . ORDERS EACH OF THE PARTIES TO BEAR ITS OWN COSTS .