HAD BEEN ABLE TO COMPLETE THE WORK INVOLVED IN THEIR CLOSING DOWN .
16 WHILST THE WINDING UP OF THE WORK OF THE PRIVATE OFFICE OF THE PRESIDENT OF THE HIGH AUTHORITY MAY HAVE TAKEN LONGER THAN IN THE CASE OF THE OTHER PRIVATE OFFICES, THE APPLICANT WAS IN A POSITION TO START ON IT IN MARCH 1967 AT THE TIME WHEN THE PRESIDENT OF THE HIGH AUTHORITY TENDERED HIS RESIGNATION AND THE CLOSING DOWN OF HIS PRIVATE OFFICE WAS ALREADY IN PROSPECT .
17 THE APPLICANT HIMSELF STATES THAT NO SPECIFIC TASK HAD BEEN ENTRUSTED TO HIM IN THE DIRECTORATE TO WHICH HE HAD BEEN RE-ASSIGNED ON 1 AUGUST 1967 AND THAT HE WAS ABLE TO DEVOTE HIMSELF TO WINDING UP THE WORK OF THE PRIVATE OFFICE AS FAR AS WAS NECESSARY .
18 ALL THE SAME HAVING BEEN SUBJECT TO A MEASURE TERMINATING HIS SERVICE IN THE TERMS OF REGULATION NO 259/68 OF THE COUNCIL EFFECTIVE AS FROM 1 OCTOBER 1968 AND FOR WHICH HE HAD VOLUNTEERED IN APRIL 1968, THE APPLICANT WAS, AFTER THIS DECISION, IN AN EXCEPTIONAL SITUATION IN THAT HIS SERVICE WAS DUE TO END SHORTLY AND IN THAT HE NO LONGER HAD TO DEAL WITH IMPORTANT LONG-TERM TASKS .
19 IN THESE CIRCUMSTANCES IT HAS NOT BEEN ESTABLISHED THAT HIS WORK COULD HAVE PREVENTED HIM FROM COMPLYING WITH THE REQUEST SENT TO HIM ON 21 JUNE 1968 TO USE UP BEFORE 1 OCTOBER OF THAT YEAR THE LEAVE TO WHICH HE WAS STILL ENTITLED .
20 FOR THESE REASONS THERE APPEARS TO BE NO POINT IN ACCEPTING THE OFFERS OF PROOF MADE BY THE APPLICANT .
21 THE APPLICANT FURTHER MAINTAINS THAT WHEN HE RECEIVED THE REQUEST FROM THE DIRECTOR-GENERAL FOR PERSONNEL AND ADMINISTRATION TO USE UP HIS LEAVE IT WAS NO LONGER POSSIBLE FOR HIM TO ARRANGE A TRIP TO A HOLIDAY RESORT .
22 WHILST THE ADMINISTRATION MUST TAKE ACCOUNT OF THE ACTUAL POSSIBILITIES OPEN TO AN OFFICIAL WHEN IT REQUESTS HIM AT SHORT NOTICE TO USE UP THE LEAVE TO WHICH HE IS ENTITLED, IT CANNOT BE ACCEPTED THAT IT MUST ALSO TAKE INTO CONSIDERATION EACH INDIVIDUAL OFFICIAL' S PROSPECTS WITH REGARD TO RESORTS .
23 THEREFORE IT MAY BE CONCLUDED THAT THE REQUEST SENT TO THE APPLICANT IN JUNE 1968 TO USE UP HIS LEAVE BEFORE 1 OCTOBER 1968 DID NOT ADVERSELY AFFECT HIS LEGITIMATE INTERESTS .
24 FOR THESE REASONS THE APPLICANT HAS NO RIGHT TO COMPENSATION .
25 THE APPLICATION IS WITHOUT FOUNDATION AND MUST BE DISMISSED ACCORDINGLY .
THE PROCEDURAL REQUEST
26 AS A MATTER OF PROCEDURE THE APPLICANT REQUESTS THAT THE FOLLOWING PASSAGE SHOULD BE STRUCK OUT FROM THE STATEMENT OF DEFENCE AS CASTING ASPERSIONS UPON HIS HONOUR : " IT IS VERY DIFFICULT TO SEE HOW THE APPLICANT ... CAN PROPERLY MAINTAIN TODAY THAT THE WORK INVOLVED IN CLOSING DOWN THE PRIVATE OFFICE OF THE PRESIDENT OF THE HIGH AUTHORITY KEEP HIM UNTIL 30 SEPTEMBER 1968 THAT IS, FOR A PERIOD OF 15 MONTHS ".