CONSIDERATIONS SET OUT UNDER 1 AND 2 ABOVE FIRST THAT THE INTEGRATION PROCEDURE WAS VITIATED BY PROCEDURAL IRREGULARITIES AND, SECONDLY, THAT THE MOST IMPORTANT CRITICISMS MADE OF THE APPLICANT ARE EITHER FACTUALLY INACCURATE OR INCOMPLETE .
HOWEVER, SHORT OF TREPASSING UPON AREAS RESERVED FOR THE DISCRETION OF THE ESTABLISHMENT BOARD, THE COURT CANNOT FORMALLY SETTLE THE QUESTION WHETHER, IN THE ABSENCE OF THE ABOVE IRREGULARITIES, THIS BOARD WOULD HAVE BEEN
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THE COURT MUST MERELY CONSIDER IT LIKELY THAT IN THOSE CIRCUMSTANCES THE ESTABLISHMENT BOARD WOULD HAVE REACHED A DIFFERENT CONCLUSION .
TAKEN TOGETHER, THE CONSIDERATIONS SET OUT ABOVE RENDER IT SUPERFLUOUS TO EXAMINE THE OTHER COMPLAINTS RAISED BY THE APPLICANT OR TO CARRY OUT THE MEASURES OF INQUIRY REQUESTED BY HIM .
AT THE HEARING COUNSEL FOR THE APPLICANT FORMALLY STATED IN THE APPLICANT'S PRESENCE AND WITHOUT BEING CONTRADICTED BY HIM THAT, EVEN IF HE WON HIS CASE, THE APPLICANT HAD NO INTENTION OF RE - ENTERING THE DEFENDANT'S EMPLOYMENT .
THIS BEING SO, THERE IS NO REASON EITHER TO ANNUL THE CONTESTED DECISION OR TO REFER THE MATTER BACK TO THE DEFENDANT BUT RATHER TO HOLD THAT, SINCE THE CIRCUMSTANCES IN WHICH THE DECISION WAS MADE WERE IRREGULAR, IT CONSTITUTES A WRONGFUL ACT GIVING RISE TO THE LIABILITY OF THE COMMUNITY AND THAT DAMAGES SHOULD BE AWARDED TO THE APPLICANT .
II - THE SUBMISSIONS THAT THE REJECTION OF THE APPLICANT'S COMPLAINT BE REVERSED OR, ALTERNATIVELY, ANNULLED
THE APPLICANT REQUESTS THE COURT TO REVERSE OR, ALTERNATIVELY, ANNUL THE IMPLIED DECISION BY WHICH THE DEFENDANT REJECTED HIS COMPLAINT OF 30 AUGUST 1962 AND TO AWARD HIM DAMAGES FOR THE INJURY SUFFERED AS A RESULT OF THE ILLEGALITY OF THAT DECISION .
THIS COMPLAINT REFERRED, FIRST, TO THE CLASSIFICATION OF THE APPLICANT AND, SECONDLY, TO HIS WORKING CONDITIONS AT ISPRA .
SINCE THE APPLICANT HAS FORMALLY DECLARED THAT HE DOES NOT INTEND TO RE-ENTER THE DEFENDANT'S EMPLOYMENT, HIS COMPLAINT HAS BECOME POINTLESS .
IT IS THEREFORE UNNECESSARY TO RULE ON HIS CONCLUSIONS CONCERNING THAT COMPLAINT .
III - ON THE CLAIM FOR DAMAGES
( 1 ) THE APPLICANT CLAIMS THAT THE COURT SHOULD ORDER THE DEFENDANT TO PAY HIM DAMAGES BY REASON OF THE IRREGULAR NATURE OF THE DECISION OF DISMISSAL . HE LEAVES THE AMOUNT OF DAMAGES TO THE DISCRETION OF THE COURT . IT FOLLOWS FROM THE CONSIDERATIONS SET OUT ABOVE UNDER I(3 ) THAT THESE CONCLUSIONS ARE WELL FOUNDED .
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IN THE CIRCUMSTANCES OF THE CASE, IT IS REASONABLE TO ASSESS THE AMOUNT OF THE DAMAGE AT A SUM EQUIVALENT TO NINE MONTHS OF THE NET EMOLUMENTS RECEIVED BY THE APPLICANT AT THE MOMENT WHEN HIS DISMISSAL TOOK EFFECT .
( 2 ) IN ADDITION, THE APPLICANT MAINTAINS THAT, REGARDLESS OF THE LEGALITY OF THE DECISION OF DISMISSAL, HE HAS SUFFERED DAMAGE .
HE REQUESTS THE COURT TO ORDER THE DEFENDANT TO PAY HIM THREE MILLION BELGIAN FRANCS BY WAY OF COMPENSATION FOR MATERIAL DAMAGE SUFFERED AND SEVEN MILLION BELGIAN FRANCS BY WAY OF COMPENSATION FOR