19 MARCH 1975 , BEARS THE RATING ' GOOD ' UNDER THE HEADING ' ABILITY ' , UNFAVOURABLE ASSESSMENTS WITH REGARD TO EFFICIENCY AND CONDUCT IN THE SERVICE AND A GENERAL REPORT WHICH IS ALSO UNFAVOURABLE .
3 BECAUSE THESE ASSESSMENTS DID NOT CORRESPOND TO THOSE CONTAINED IN THE PRECEDING REPORTS , THE APPLICANT DESCRIBED THEM IN HER OBSERVATIONS ON THAT REPORT AS ' SERIOUS ACTS OF ABUSE OF POWERS BY A DIRECTOR GENERAL IN THE PERFORMANCE OF HIS ADMINISTRATIVE DUTIES ' .
4 A REPLY IN THE AFFIRMATIVE WAS GIVEN TO THE QUESTION PUT BY THE COURT TO THE DEFENDANT AS TO WHETHER THE COMPETENT DIRECTOR GENERAL HAD REPLIED TO THE OBSERVATIONS OF THE APPLICANT ON THAT REPORT BEFORE THE PERIODIC REPORT IN QUESTION WAS SIGNED , AS IS OBLIGATORY , BY THE SECRETARY GENERAL OF THE PARLIAMENT .
ADMISSIBILITY
5 THE DEFENDANT ALLEGES FIRST OF ALL THAT A PERIODIC REPORT CANNOT BE AN ACT WHICH MAY BE CONTESTED UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS BECAUSE IT IS ONLY A PURELY INTERNAL ACT THE REMEDIES FOR WHICH LIE SOLELY IN THE RIGHT OF THE PERSON AFFECTED TO ADD ANY OBJECTIONS AND OBSERVATIONS .
6 SINCE ARTICLE 43 OF THE STAFF REGULATIONS PROVIDES FOR THE MAKING OF A PERIODIC REPORT EVERY TWO YEARS THESE ARE THUS MANDATORY MEASURES WHICH MUST BE COMMUNICATED TO THE PERSON CONCERNED .
7 IT IS CLEAR THAT THESE PERIODIC REPORTS GENERALLY CONSTITUTE A MORE OR LESS IMPORTANT FACTOR EACH TIME THE OFFICIAL CONCERNED IS CONSIDERED FOR ANY PROMOTION OR TAKES PART IN COMPETITIONS WITHIN THE MEANING OF ARTICLE 29 OF THE STAFF REGULATIONS .
8 ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING VITIATED FOR LACK OF AUTHORITY , IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWER - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL .
9 ACCORDINGLY THE ARGUMENT THAT AN APPLICATION AGAINST A PERIODIC REPORT IS IPSO FACTO INADMISSIBLE CANNOT BE ACCEPTED .
10 THE DEFENDANT PUTS FORWARD IN THE ALTERNATIVE THE ARGUMENT THAT THE REPORT WAS NOTIFIED TO THE APPLICANT ON 24 APRIL 1975 AT THE LATEST , SO THAT HER COMPLAINT THROUGH OFFICIAL CHANNELS LODGED ON 7 OCTOBER 1975 WAS OUT OF TIME .
11 THE REPORT IN QUESTION WAS COUNTERSIGNED BY THE SECRETARY GENERAL OF THE PARLIAMENT ON 19 OCTOBER 1976 IN THE FORM IN WHICH IT HAD BEEN COMMUNICATED TO THE APPLICANT .
12 IT BECAME DEFINITIVE ONLY ON THAT DATE .
13 ACCORDINGLY , THE FACT THAT THE APPLICANT , IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED FOR THE DRAWING UP OF PERIODIC REPORTS , HAD KNOWLEDGE OF THE CONTENTS BEFORE THAT DATE IS NOT CAPABLE OF CAUSING THE PERIOD FOR LODGING AN APPEAL TO START TO RUN OR OF SHORTENING IT .
14 THE APPLICATION IS THEREFORE ADMISSIBLE .
THE SUBSTANCE OF THE CASE
15 THE APPLICANT