AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , AVOCATE , CENTRE LOUVIGNY , 34B RUE PHILIPPE-II ,
APPLICANT ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY JORN PIPKORN AND HENDRIK VAN LIER , MEMBERS OF ITS LEGAL DEPARTMENT , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ORESTE MONTALTO , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , PLATEAU DU KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ANNULMENT OF THE APPLICANT ' S PERIODIC REPORT FOR THE PERIOD 1 JULY 1975 TO 30 JUNE 1977 AND FOR DAMAGES FOR THE IRREGULARITIES AND DELAY IN THE DRAWING UP OF THAT REPORT AND , IN THE ALTERNATIVE , FOR AN ORDER REQUIRING THE DEFENDANT TO PRODUCE THE WHOLE FILE RELATING TO THE PERIODIC REPORT FOR THE PERIOD 1975 TO 1977 AND ALSO FOR AN ORDER REQUIRING VARIOUS FACTS SET OUT IN THE APPLICATION TO BE ESTABLISHED BY THE EVIDENCE OF WITNESSES ,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 8 JULY 1981 KUNO DITTERICH , AN OFFICIAL IN THE SCIENTIFIC SERVICE IN GRADE A 5 , STEP 8 , AT THE JOINT RESEARCH CENTRE AT ISPRA , BROUGHT AN ACTION SEEKING :
1 . THE ANNULMENT OF THE APPLICANT ' S PERIODIC REPORT DRAWN UP ON 20 DECEMBER 1979 FOR THE PERIOD 1 JULY 1975 TO 30 JUNE 1977 AND OF THE APPEAL ASSESSOR ' S DECISION DATED 22 OCTOBER 1980 ADOPTING THE DEFINITIVE VERSION OF THAT REPORT . IN HIS REPLY THE APPLICANT AMENDS HIS CLAIMS , AS HE RESERVED THE RIGHT TO DO IN HIS APPLICATION , TO INCLUDE A CLAIM FOR THE ANNULMENT OF THE DECISION OF 11 AUGUST 1981 BY WHICH THE COMMISSION EXPRESSLY REJECTED HIS COMPLAINT OF 1 DECEMBER 1980 AFTER THIS ACTION HAD BEEN BROUGHT .
2 . AN ORDER REQUIRING THE COMMISSION TO PAY HIM BFR 500 000 AS COMPENSATION FOR THE MATERIAL AND NON-MATERIAL DAMAGE WHICH THAT PERIODIC REPORT CAUSED HIM . IN HIS REPLY , HOWEVER , THE APPLICANT STATES THAT HE LEAVES IT TO THE COURT TO ASSESS THE AMOUNT OF DAMAGES WHICH HE MAY CLAIM .
3 . IN THE ALTERNATIVE , AN ORDER THAT THE COMMISSION MUST PRODUCE THE WHOLE FILE CONCERNING THE REPORT IN QUESTION AND THAT THE ACCURACY OF THE COMMENTS MADE IN THAT REPORT MUST BE VERIFIED BY THE EVIDENCE OF WITNESSES .
2 THE FILE ON THE CASE SHOWS THAT THE APPLICANT WAS ASSIGNED TO THE CHEMISTRY DIVISION OF DEPARTMENT C OF THE JOINT RESEARCH CENTRE AT ISPRA UNTIL 1 JANUARY 1977 AT WHICH TIME HE WAS ASSIGNED TO DEPARTMENT A .
3 ON 20 DECEMBER 1979 A PERIODIC REPORT ON MR DITTERICH FOR THE PERIOD 1 JULY 1975 TO 30 JUNE 1977 WAS DRAWN UP BY MR BISHOP , THE HEAD OF DEPARTMENT C AT THE JOINT RESEARCH CENTRE , AFTER CONSULTATION WITH THE HEADS OF DEPARTMENT TO WHICH MR DITTERICH