THE EXPIRY OF THE APPLICANT ' S PROBATIONARY PERIOD ANY UNCERTAINTY WITH REGARD TO HIS LEGAL POSITION SHALL BE REMOVED BY MEANS OF A DECISION OF THE APPOINTING AUTHORITY EITHER TO ESTABLISH HIM OR TO DISMISS HIM ON LAWFUL GROUNDS . THE COMMISSION IS NOT PRECLUDED FROM PREPARING A NEW REPORT ON EXPIRY OF THE PROBATIONARY PERIOD PRIOR TO TAKING A DECISION TO EITHER EFFECT , PROVIDED THAT SPECIAL CIRCUMSTANCES EXIST TO JUSTIFY SUCH A REPORT .
19 AS THE COMMISSION IS REQUIRED TO ADOPT THE MEASURES NECESSITATED BY THIS JUDGMENT THERE IS NO NEED TO GIVE A DECISION ON THE APPLICANT ' S SUBSIDIARY AND ADDITIONAL CLAIMS .
Decision on costs
COSTS
20 ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
21 SINCE THE APPLICANT WAS GRANTED LEGAL AID BY THE COURT IN THE AMOUNT OF BFR 80 000 , THE COMMISSION MUST BE ORDERED TO REIMBURSE THAT SUM TO THE COURT AND TO BEAR THE OTHER EXPENSES INCURRED BY THE APPLICANT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . ANNULS THE SECOND PROBATION REPORT , DATED 6 JULY 1979 , AND THE DECISION TO DISMISS THE APPLICANT , DATED 1 AUGUST 1979 ;
2.ORDERS THE COMMISSION TO PAY THE COSTS , REIMBURSING TO THE COURT THE SUM OF BFR 80 000 GRANTED TO THE APPLICANT BY WAY OF LEGAL AID .