BY THE STAFF REGULATIONS AND THAT IS IS DRAWN UP IN A PROPER MANNER . THE ADMINISTRATION HAS A REASONABLE PERIOD AT ITS DISPOSAL IN WHICH TO DO THIS AND ANY FAILURE TO ACT WITHIN THAT PERIOD MUST BE JUSTIFIED BY THE EXISTANCE OF SPECIAL CIRCUMSTANCES .
26 IN THIS CASE IT IS CLEAR BOTH FROM THE DOCUMENTS IN THE FILE AND FROM THE ORAL SUBMISSIONS MADE TO THE COURT THAT THE APPOINTING AUTHORITY OF THE JOINT RESEARCH CENTRE AT ISPRA EXCEEDED BY FAR THE REASONABLE PERIOD WHICH IT HAS ITS DISPOSAL IN ORDER TO ADOPT MR DITTERICH ' S REPORT AND THAT IT HAD BEEN UNABLE TO PROVE THE EXISTENCE OF SPECIAL CIRCUMSTANCES OF SUCH A NATURE AS TO JUSTIFY THAT DELAY .
27 UNDER THOSE CIRCUMSTANCES MR DITTERICH IS JUSTIFIED IN MAINTAINING THAT IN VIEW OF THE NATURE OF THE OMISSION ON ITS PART , THE ADMINISTRATION HAS INCURRED LIABILITY .
28 ALTHOUGH THE APPLICANT HAS NOT ESTABLISHED THAT THE OMISSION PREVENTED OR DELAYED ANY PROMOTION WHICH HE MIGHT OTHERWISE HAVE OBTAINED AND THUS CAUSED HIM MATERIAL DAMAGE , HE HAS HOWEVER ESTABLISHED THAT HE SUFFERED NON-MATERIAL DAMAGE ON ACCOUNT OF THE FACT THAT HIS PERSONAL FILE IS NEITHER IN GOOD ORDER NOR COMPLETE . HE IS THEREFORE ENTITLED TO SEEK COMPENSATION FOR THAT IRREGULARITY .
29 A FAIR ASSESSMENT OF THE AMOUNT OF COMPENSATION WHICH THE COMMISSION MUST PAY TO THE APPLICANT FOR THE DAMAGE SUFFERED ON THAT ACCOUNT IS BFR 20 000 .
Decision on costs
COSTS
30 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS . HOWEVER , UNDER ARTICLE 70 OF THE RULES OF PROCEDURE , IN PROCEEDINGS BY SERVANTS OF THE COMMUNITIES , INSTITUTIONS MUST BEAR THEIR OWN COSTS . IN VIEW OF THE DELAY ON THE PART OF THE ADMINISTRATION AT ISPRA IN DRAWING UP THE PERIODIC REPORT AND ITS REPEATED FAILURE IN THAT REGARD , THE COMMISSION MUST BEAR THE WHOLE OF THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION FOR THE ANNULMENT OF THE PERIODIC REPORT ;
2 . DISMISSES THE APPLICATION FOR THE ANNULMENT OF THE EXPRESS DECISION OF 11 AUGUST 1981 ;
3 . ORDERS THE COMMISSION TO PAY BFR 20 000 BY WAY OF DAMAGES FOR THE DELAY IN THE DRAWING UP OF THE PERIODIC REPORT ;
4 . ORDERS THE COMMISSION TO BEAR THE WHOLE OF THE COSTS .