LAUGHTER WITH WHICH MR MOREL RECEIVED THE APPLICANT' S DESPONDENT CONCLUSION THAT HE HAD NO ALTERNATIVE BUT TO BRING AN ACTION BEFORE THE COURT, AND THE FACT THAT MR MOREL HAD LED THE APPLICANT TO BELIEVE THAT HE HAD RECEIVED THE AGREEMENT OF THE FRENCH AUTHORITIES TO THE TERMINATION OF HIS SECONDMENT IN PARIS .
12 IN THE FIRST PLACE, IT MUST BE STATED THAT THE FRESH DECISION ADOPTED BY THE COMMISSION, UNLIKE THE PREVIOUS DECISION OF 7 APRIL 1983, CLEARLY SETS OUT THE FACTS ON WHICH THE PENALTY IMPOSED ON THE APPLICANT ARE BASED . THUS IT ALLOWS THE COURT TO VERIFY WHETHER THERE ARE ANY ERRORS OR OMISSIONS THEREIN .
13 AS REGARDS THE FACTS ON WHICH THE DECISION IS BASED, THE RECITALS IN THE DECISION STATE THAT A DIFFERENCE OF OPINION AROSE AT THE INTERVIEW OF 6 OCTOBER 1982 BETWEEN THE APPLICANT AND MR MOREL; THAT AT THE END OF THE INTERVIEW, THE APPLICANT STRUCK MR MOREL, GRABBED HOLD OF THE FRONT OF HIS SHIRT, CAUSING IT TO TEAR, AND CAUSED HIM TO FALL FROM THE ARMCHAIR IN WHICH HE WAS SITTING; THAT IT WAS NOT POSSIBLE TO DETERMINE WITH CERTAINTY THE ORIGIN OF THE GRAZING OF THE RIGHT EARLOBE WHICH MR MOREL ATTRIBUTED TO THE FACT THAT THE APPLICANT HAD THROWN AN ASHTRAY AT HIM, AN ALLEGATION WHICH WAS DENIED BY THE APPLICANT; THAT THE APPLICANT STATED THAT HE HAD NO RECOLLECTION OF HAVING KICKED MR MOREL, AS MR MOREL MAINTAINED; AND LASTLY, THAT THE GRAZING AND BRUISES FOUND ON MR MOREL' S PERSON AFTER THE INCIDENT WERE THE DIRECT OR INDIRECT RESULT OF THE VIOLENCE WITH WHICH THE APPLICANT ATTACKED MR MOREL . FROM THOSE FINDINGS THE COMMISSION CONCLUDES THAT IT IS ESTABLISHED THAT THE APPLICANT COMMITTED A VIOLENT ACT OF AGGRESSION AGAINST MR MOREL .
14 IT IS CLEAR FROM THOSE RECITALS THAT ALTHOUGH THE COMMISSION REFERRED TO CERTAIN ALLEGATIONS MADE BY MR MOREL WHICH WERE DENIED BY THE APPLICANT, IT ACCEPTED IN THE END ONLY THOSE ALLEGATIONS WHICH WERE NOT DENIED .
15 AS REGARDS THE CONTEXT IN WHICH THE INCIDENT OCCURRED, THE RECITALS MERELY STATE THAT THE PURPOSE OF THE INTERVIEW WAS TO CONSIDER THE ADMINISTRATIVE CONSEQUENCES OF THE APPLICANT' S RECENT ELECTION TO THE CORSICAN ASSEMBLY . THUS IT IS CORRECT TO SAY THAT THE DECISION DOES NOT MENTION THE PROVOCATIVE AND HUMILIATING NATURE OF THE INTERVIEW REFERRED TO BY THE APPLICANT . HOWEVER, IT MUST BE STATED THAT THAT ALLEGATION WAS CATEGORICALLY DENIED BY MR MOREL AND BY THE WITNESS WHO WAS PRESENT AT THE INTERVIEW ON 6 OCTOBER 1982 . THE COMMISSION WAS THEREFORE JUSTIFIED IN DISREGARDING IT, IN THE SAME WAY AS IT HAD DISREGARDED THE ALLEGATIONS DENIED BY THE APPLICANT .
16 THEREFORE IT HAS NOT BEEN ESTABLISHED THAT AS REGARDS THE SUMMARY OF THE FACTS THE STATEMENT OF REASONS FOR THE DECISION IS VITIATED BY UNJUSTIFIED ERRORS OR OMISSIONS .
THE STATEMENT OF REASONS FOR THE CHOICE OF THE PENALTY AND THE PRINCIPLE OF PROPORTIONALITY
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