REPORT , IT SEEMS THAT THE INTERNAL RULES OF THE PARLIAMENT DO NOT SPECIFY WHICH OFFICIAL MUST DRAW UP THE REPORT . IT APPEARS THAT THE ESTABLISHED PRACTICE OF THE PARLIAMENT IS FOR THE REPORT TO BE PREPARED BY THE DIRECTOR OF THE RELEVANT DIRECTORATE . AT THE MATERIAL TIME THERE WAS NO DIRECTOR OF THE TRANSLATION AND TERMINOLOGY DIRECTORATE IN THE PARLIAMENT , AND CONSEQUENTLY THE REPORT WAS PREPARED BY THE HEAD OF DIVISION TO WHICH THE APPLICANT BELONGED . IT WAS SIGNED BY THE DIRECTOR-GENERAL AND RECOMMENDED THAT THE OFFICIAL BE DISMISSED . THAT OBJECTION MUST THEREFORE BE DISREGARDED .
19 AS TO THE OBJECTION CONCERNING THE DEFENDANT ' S DUTY TO ASSIST AND THE ALLEGED BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION , IT APPEARS FROM THE FILE THAT THE APPLICANT WAS WARNED ON 2 JUNE 1981 THAT HER WORK WAS NOT SATISFACTORY , AND LATER , ON 7 SEPTEMBER 1981 , THAT HER PROGRESS WAS INADEQUATE AND THAT AN UNFAVOURABLE PROBATIONARY REPORT WHICH WOULD LEAD TO HER DISMISSAL MIGHT BE DRAWN UP . CONSEQUENTLY , THE INSTITUTION CANNOT BE ACCUSED OF HAVING FAILED TO FULFIL ITS DUTY IN THAT RESPECT .
20 AS REGARDS THE ALLEGED MISUSE OF POWERS , FINALLY , THE APPLICANT HAS FAILED TO PRODUCE THE SLIGHTEST EVIDENCE IN SUPPORT OF THAT SUBMISSION . THE PERSON ALLUDED TO WAS APPOINTED AN OFFICIAL ON 5 OCTOBER 1981 , THAT IS TO SAY , MORE THAN FOUR MONTHS BEFORE THE APPLICANT ' S DISMISSAL , AND HE WAS APPOINTED TO ANOTHER POST .
21 IN VIEW OF THOSE CONSIDERATIONS , THE VARIOUS SUBMISSIONS ADVANCED BY THE APPLICANT MUST BE REJECTED . THE APPLICATION MUST THEREFORE BE DISMISSED .
Decision on costs
COSTS
22 ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , UNDER ARTICLE 70 OF THE RULES OF PROCEDURE , IN PROCEEDINGS BY SERVANTS OF THE COMMUNITIES INSTITUTIONS SHALL BEAR THEIR OWN COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2 . ORDERS EACH PARTY TO BEAR ITS OWN COSTS .