SHE RESUMED HER WORK ON 3 DECEMBER 1979 . ON 18 DECEMBER 1979 , SHE RETURNED TO ROME TO CONSULT AN EYE SPECIALIST AND STAYED AWAY ON SICK LEAVE FOR EIGHT MONTHS . AFTER THAT SHE RETURNED TO WORK .
3 FOLLOWING A TIME IN WHICH PERIODS OF WORK ALTERNATED WITH PERIODS OF SICK LEAVE , THE APPLICANT WAS DISMISSED WITH EFFECT FROM 30 APRIL 1981 ON THE BASIS OF AN UNFAVOURABLE REPORT ON HER PROBATIONARY PERIOD . HOWEVER , THE SECRETARY-GENERAL OF THE PARLIAMENT RESCINDED THAT DECISION BY A LETTER OF 2 DECEMBER 1981 . HE THEN REFERRED THE APPLICANT ' S CASE TO THE INVALIDITY COMMITTEE IN ORDER TO ESTABLISH TO WHAT EXTENT SHE WAS STILL ABLE TO CARRY OUT THE DUTIES CORRESPONDING TO A POST IN HER CAREER BRACKET . ON 28 JANUARY 1983 , THE INVALIDITY COMMITTEE DELIVERED ITS REPORT . THAT REPORT STATES THAT ' THE AFTER-EFFECTS OF MRS GHERARDI ' S ACCIDENT ON 15 NOVEMBER 1979 CONSTITUTE A CONDITION OF PARTIAL INVALIDITY PREVENTING HER FROM CONTINUING IN HER PRESENT POST . THE COMMITTEE RECOMMENDS THAT SHE SHOULD BE ASSIGNED TO A POST CORRESPONDING TO HER CAREER BRACKET BUT NOT INVOLVING A HIGH LEVEL OF VISUAL EFFORT . ' THE INVALIDITY COMMITTEE ' S CONCLUSIONS WERE NOT AT FIRST COMMUNICATED TO THE APPLICANT HERSELF . THEY WERE SENT TO HER LAWYER ONLY AFTER HE HAD INTERVENED .
4 THE PARLIAMENT ' S ADMINISTRATION THEN OFFERED THE APPLICANT TWO POSTS WHICH IT CONSIDERED TO SATISFY THE INVALIDITY COMMITTEE ' S RECOMMENDATION , ONE IN THE MESSENGERS SERVICE AND THE OTHER IN PERSONNEL ARCHIVES . THE APPLICANT TOOK THE VIEW THAT THOSE POSTS WOULD INVOLVE COMPLETELY UNREWARDING WORK AND OFFER NO CHANCES OF PROMOTION AND DID NOT ACCEPT EITHER OFFER .
5 MRS PASQUALI-GHERARDI THEN BROUGHT THIS ACTION . IN HER APPLICATION , SHE ADMITS THAT SHE DID NOT BEFOREHAND LODGE A COMPLAINT THROUGH OFFICIAL CHANNELS . IN ORDER TO JUSTIFY HER FAILURE TO LODGE A PRIOR COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS , SHE ARGUES THAT THE CONDITION IN ARTICLE 91 OF THE STAFF REGULATIONS IS ONLY APPLICABLE TO MEASURES WHICH THE APPOINTING AUTHORITY CAN REVIEW . IN THIS INSTANCE , THERE IS NOTHING TO REVIEW , SINCE THE WRONGS COMMITTED ARE IRREPARABLE .
6 THE APPLICANT ALLEGES WRONGFUL CONDUCT AGAINST THE PARLIAMENT UNDER TWO HEADS : IN THE FIRST PLACE , IT DID NOT FORWARD THE INVALIDITY COMMITTEE ' S CONCLUSIONS TO HER ; IN THE SECOND PLACE , IT DID NOT CARRY OUT THE COMMITTEE ' S RECOMMENDATION THAT SHE SHOULD BE ASSIGNED TO A POST CORRESPONDING TO HER CAREER BRACKET BUT NOT INVOLVING A HIGH LEVEL OF VISUAL EFFORT . SHE CLAIMS THAT , AS THE YEARS HAVE PASSED , AND ESPECIALLY SINCE 1982 , HER STATE OF HEALTH HAS BEEN GETTING WORSE . FIRST OF ALL , THE STRESS SHE HAS BEEN UNDER AND THE PAIN-KILLING DRUGS ( ANALGESICS ) WHICH SHE HAS HAD TO TAKE HAVE DONE IRREPARABLE HARM