AN EXTENSION OF THE PROBATIONARY PERIOD .
17 IF, IN SUCH CIRCUMSTANCES, THE COMMISSION NEVERTHELESS INVITES THE PROBATIONER TO SUBMIT HIS COMMENTS, THEREBY OBSERVING THE CODE OF GOOD PERSONNEL ADMINISTRATION, THE FACT OF GIVING HIM ONLY A VERY BRIEF PERIOD TO REPLY CANNOT VITIATE THE DISMISSAL .
18 THE COMPLAINTS AS TO DISMISSAL MUST THEREFORE BE REJECTED .
CLAIM FOR DAMAGES
19 THE APPLICANT MAKES THE POINT THAT THE IRREGULARITY AND LATENESS OF THE COMMISSION' S ACTS INVOLVED HIM IN LOSSES FOR WHICH THE COMMISSION SHOULD COMPENSATE HIM .
20 THE LOSSES WHICH THE APPLICANT CLAIMS TO HAVE SUFFERED ARE DUE TO CERTAIN MEASURES HE HIMSELF TOOK IN ANTICIPATION OF A DEFINITE APPOINTMENT TO THE POST HE HELD AS A PROBATIONER .
21 SINCE, HOWEVER, THE APPLICANT, IN SPITE OF THE EXTENSION OF HIS PROBATIONARY PERIOD, HAD NO DEFINITE EXPECTATION OF AN APPOINTMENT, THE MEASURES HE TOOK WERE AT HIS OWN RISK .
22 HENCE NO RESPONSIBILITY CAN FALL ON THE COMMISSION .
23 NEVERTHELESS THE DELAY ESTABLISHED IN MAKING THE END OF PROBATION REPORT CONSIDERABLY PROLONGED THE STATE OF UNCERTAINTY IN WHICH THE APPLICANT WAS PLACED AFTER THE EXPIRY, AT THE END OF AUGUST 1971, OF THE PROBATIONARY PERIOD FIXED BY THE STAFF REGULATIONS, AND THIS PREVENTED HIS LOOKING AFTER HIS INTERESTS ADEQUATELY, PARTICULARLY AS TO HIS CAREER AND HIS POSITION GENERALLY .
24 THIS DELAY BEING CONTRARY TO THE PROVISIONS OF THE STAFF REGULATIONS THE COMMISSION IS LIABLE WITHIN THE FRAMEWORK THEREOF .
25 IT IS THEREFORE RIGHT TO REQUIRE THE COMMISSION TO PAY THE APPLICANT COMPENSATION, WHICH, HAVING REGARD TO THE POST HE OCCUPIED, MAY FAIRLY BE DETERMINED AT BF 200 000 .
Decision on costs
26 UNDER ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE, WHERE EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS, THE COURT MAY ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART .
27 THE COMMISSION HAS FAILED IN SOME OF ITS PLEAS .
28 IT IS THEREFORE RIGHT TO REQUIRE IT TO PAY A PART OF THE APPLICANT' S COSTS, ESTIMATED AT 50 PER CENT .
29 MOREOVER, UNDER ARTICLE 70 OF THE RULES OF PROCEDURE, THE COSTS INCURRED BY THE INSTITUTIONS IN APPLICATIONS BY SERVANTS OF THE COMMUNITIES SHALL BE BORNE BY THE INSTITUTIONS .
Operative part
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . ORDERS THE COMMISSION OF THE EUROPEAN COMMUNITIES TO PAY MR NUNZIO DI PILLO A SUM OF FB 200 000 .
2 . ORDERS THE COMMISSION OF THE EUROPEAN COMMUNITIES TO BEAR ITS OWN COSTS AND HALF THE APPLICANT' S COSTS .