S IMMEDIATE SUPERIOR DREW UP THE END-OF-PROBATION REPORT REQUIRED BY ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS . IN IT HE STATED IN SUBSTANCE THAT MR R DID NOT HAVE THE ABILITY TO CARRY OUT THE DUTIES CORRESPONDING TO HIS POST , AND IN SUPPORT OF THAT ASSESSMENT IT WAS EXPLAINED THAT ' MR R UNDOUBTEDLY POSSESSES HIGH QUALIFICATIONS IN MATHEMATICAL STATISTICS AND IN DATA-ANALYSIS TECHNIQUES ' BUT THAT ' HIS KNOWLEDGE OF MACROECONOMICS IS , HOWEVER , MORE LIMITED AND HIS ABILITY TO WRITE REPORTS HAS PROVED INADEQUATE ' . THE REPORT WENT ON TO STATE THAT ' MR R ' S ABILITIES ARE NOT SUCH AS TO ENABLE HIM TO PLAY AN ADEQUATE PART IN THE DIRECTORATE-GENERAL ' S MAIN ACTIVITIES , NAMELY CONDUCTING ECONOMIC POLICY STUDIES AND DRAWING UP REPORTS ON THEM ' . MR R ' S SUPERIOR THEREFORE RECOMMENDED THAT HE SHOULD BE DISMISSED AT THE END OF HIS PROBATIONARY PERIOD .
5 CONSEQUENTLY , THE DIRECTOR-GENERAL FOR PERSONNEL AND ADMINISTRATION NOTIFIED THE APPLICANT , BY LETTER OF 18 APRIL 1984 , THAT IN VIEW OF HIS END-OF-PROBATION REPORT HE HAD NO ALTERNATIVE BUT TO CONCLUDE THAT HE SHOULD BE DISMISSED BUT THAT THE ADMINISTRATION WAS NEVERTHELESS PREPARED TO GIVE HIM A FURTHER OPPORTUNITY TO PROVE HIS ABILITIES BY ASKING HIM TO COMPLETE ' A COMPARATIVE ANALYSIS OF A STATISTICAL NATURE ' UNDER THE SUPERVISION OF TWO TUTORS DURING AN ADDITIONAL THREE-MONTH PERIOD . THE APPLICANT AGREED TO THAT PROPOSAL AND THE DETAILS OF THE REQUIRED STUDY WERE SENT TO HIM BY THE ADMINISTRATION BY LETTER DATED 25 APRIL 1984 .
6 ON 10 JULY 1984 THE TUTORS SUBMITTED THEIR COMMENTS ON THE STUDY CARRIED OUT BY THE APPLICANT . ALTHOUGH THEY ACKNOWLEDGED THAT MR R POSSESSED THE THEORETICAL KNOWLEDGE NEEDED TO CARRY OUT THAT TYPE OF STUDY AND THAT HE HAD TRIED TO PROPOSE SOLUTIONS TO RESOLVE THE PROBLEM SET , THEY STATED THAT THE STUDY SHOWED ' AN INABILITY TO SYNTHESIZE , REFLECTED IN HIS DIFFICULTY IN DISTINGUISHING BETWEEN THE ESSENTIAL AND THE MINOR ' , ' AN INABILITY TO STEP BACK FROM THE STATISTICS TO SEE THE SIGNIFICANCE OF THE PHENOMENA OBSERVED ' AS WELL AS ' AN EXCESSIVE USE OF OBSCURE SCIENTIFIC LANGUAGE ' . IN VIEW OF THOSE FACTORS , THE TUTORS CONCLUDED THAT THE STUDY ' DOES NOT ENABLE ANY USEFUL CONCLUSIONS TO BE DRAWN , SUCH AS A READER MIGHT EXPECT ' .
7 BY DECISION OF 19 JULY 1984 THE APPOINTING AUTHORITY DISMISSED THE APPLICANT WITH EFFECT FROM 31 AUGUST 1984 AFTER TAKING INTO CONSIDERATION THE ASSESSMENTS OF HIS APTITUDE AND PERFORMANCE CONTAINED IN THE END-OF-PROBATION REPORT AND THE ASSESSMENTS OF THE STUDY HE MADE AT THE END OF THE SUPPLEMENTARY PROBATIONARY PERIOD . IT APPEARED FROM THOSE ASSESSMENTS THAT MR R HAD NOT ' SHOWN SUFFICIENT PROFESSIONAL APTITUDE TO BE ESTABLISHED IN THE GRADE RELATING TO HIS POST ' .
8 AFTER HAVING LODGED A COMPLAINT PURSUANT TO ARTICLE 90 ( 2 ) OF