THE WORKING ATMOSPHERE IN THE ITALIAN DIVISION TO DETERIORATE . WITHOUT DENYING THAT THE INCIDENTS BETWEEN HIMSELF AND THE ADMINISTRATIVE AUTHORITY DID OCCUR THE APPLICANT COMPLAINS THAT THE ADMINISTRATION ATTRIBUTED TO HIM PERSONAL RESPONSIBILITY FOR INCIDENTS WHICH WERE CAUSED BY THE GENERAL CLIMATE OBTAINING WITHIN THE SECTION TO WHICH HE WAS ASSIGNED . HE SAYS THAT THE REMARKS IN THE PERIODIC REPORT ARE INSUFFICIENT TO REVEAL WHAT REALLY OCCURRED AND THAT THE ASSESSMENTS MADE REFLECT PERSONAL ANIMOSITY TOWARDS HIM .
27 IT IS APPARENT FROM THE INFORMATION REVEALED DURING THE PROCEEDINGS AND FROM THE DOCUMENTS IN THE FILE , ESPECIALLY THOSE PRODUCED BY THE APPLICANT HIMSELF , THAT DURING THE REPORTING PERIOD IN QUESTION THE APPLICANT ' S RELATIONS WITH THE ADMINISTRATION WERE MARKED BY INCIDENTS IN WHICH THE APPLICANT TOOK AN ACTIVE , IF NOT DECISIVE , PART . BY WAY OF EXAMPLES THE SECOND REVISER REFERS TO AN ARGUMENT BETWEEN THE APPLICANT AND A GROUP OF REVISERS IN DECEMBER 1975 AND ANOTHER DISPUTE RELATING TO THE APPOINTMENT OF TRANSLATORS INSTRUCTED TO ACCOMPANY CERTAIN COMMUNITY DELEGATIONS TO NON-MEMBER COUNTRIES AND IN PARTICULAR A MISSION TO THE FIJI ISLANDS .
28 HAVING REGARD TO THE NUMBER OF INCIDENTS AND THE HEATED NATURE OF THE APPLICANT ' S UTTERANCES , THE ASSESSMENTS MADE OF HIM BY THE REPORTING OFFICERS , FAR FROM EXCEEDING THE DISCRETION WHICH SUPERIOR OFFICERS HAVE IN THE MATTER , MAY BE REGARDED AS A PARTICULARLY MODERATE REACTION TO INCIDENTS OBVIOUSLY INCOMPATIBLE WITH THE WELL-BEING OF THE DEPARTMENT . THE OBJECTIVITY OF THE REPORTING OFFICERS WITH REGARD TO THE APPLICANT APPEARS FROM THE FACT THAT THEY GAVE IN THE SAME REPORT PARTICULARLY EULOGISTIC RECOGNITION TO THE QUALITY OF THE LINGUISTIC WORK PERFORMED BY THE APPLICANT .
29 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICANT ' S COMPLAINT IN RELATION TO THE GENERAL ASSESSMENTS IN THE PERIODIC REPORT MUST ALSO BE REJECTED .
30 IT IS THEREFORE APPARENT THAT THE ACTION MUST BE REJECTED AS A WHOLE .
Decision on costs
31 ARTICLE 70 OF THE RULES OF PROCEDURE PROVIDES THAT WITHOUT PREJUDICE TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) IN RELATION TO COSTS WHICH THE COURT CONSIDERS TO HAVE BEEN UNREASONABLY OR VEXATIOUSLY CAUSED , INSTITUTIONS SHALL BEAR THEIR OWN COSTS .
32 THE COURT CONSIDERS THAT THE APPLICANT SHOULD NOT HAVE THE BENEFIT OF THE PROVISIONS OF ARTICLE 70 . IT IS APPARENT FROM THE FOREGOING THAT AS A RESULT OF HIS COMPLAINTS AND BY MEANS OF THE INTERNAL REVIEW PROCEDURE WITHIN THE COUNCIL ADMINISTRATION HE COULD HAVE HAD THE ASSESSMENTS ON HIM REVISED AND REASONS GIVEN THEREFOR IN A WAY WHICH OUGHT TO HAVE SATISFIED HIM . IN THOSE CIRCUMSTANCES THE BRINGING OF AND PERSISTENCE IN A LEGAL ACTION MUST BE REGARDED AS VEXATIOUS . IT IS THEREFORE RIGHT TO ORDER THE APPLICANT TO PAY THE WHOLE OF THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2