( 1 ) OF THE STAFF REGULATIONS THE BOARD GIVES ITS OPINION TO THE APPOINTING AUTHORITY ' ON THE BASIS OF A REPORT ON THE OFFICIAL'S ABILITY, EFFICIENCY AND CONDUCT IN THE SERVICE, PREPARED BY HIS SUPERIORS ...'.
THE REPORT ON THE APPLICANT'S APTITUDE IN THE PERFORMANCE OF THE DUTIES OF HIS POST, ISSUED BY HIS SUPERIORS AND SUBMITTED TO THE ESTABLISHMENT BOARD, DEFINES HIS APTITUDE AS BEING THAT OF AN AVERAGE SERVANT . WHILE CONSIDERING SOME OF HIS ATTRIBUTES AS ' INADEQUATE AND REQUIRING IMPROVEMENT ', IT CONCLUDES THAT THE APPLICANT IS NEVERTHELESS ' CAPABLE OF PERFORMING THE DUTIES OF HIS POST '. IN SPITE OF THIS REPORT THE ESTABLISHMENT BOARD GAVE AN UNFAVOURABLE OPINION AS TO THE SUITABILITY OF THE APPLICANT FOR THESE DUTIES .
UNDER ARTICLE 102 ( 1 ) ( B ) OF THE STAFF REGULATIONS OF THE EEC AN UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD BINDS THE APPOINTING AUTHORITY . BEFORE DRAWING UP ITS OPINION, THE SAID BOARD MUST THEREFORE AFFORD THE PERSON CONCERNED THE OPPORTUNITY TO SUBMIT HIS COMMENTS ON THE FACTORS WHICH MAY INFLUENCE HIS INTEGRATION . THIS OBLIGATION IS COMPLIED WITH IF THE BOARD HAS HEARD THE VIEWS OF THE PERSON CONCERNED ON THE FACTS CONTAINED IN THE REPORT, FOR WHICH PROVISION IS MADE IN THE LAST PARAGRAPH OF ARTICLE 102 ( 1 ) OF THE STAFF REGULATIONS AND WHOSE CONCLUSIONS IT HAS ADOPTED, OR ON THE FACTORS WHICH IT CONSIDERS LIKELY TO LEAD IT TO CONCLUSIONS DIFFERENT FROM THOSE IN THE REPORT AND TO HAVE AN INFLUENCE ON THE INTEGRATION OF THE SERVANT .
THE REPORT ON THE APPLICANT'S APTITUDES IN THE PERFORMANCE OF HIS DUTIES SUBMITTED TO THE ESTABLISHMENT BOARD WAS IN FAVOUR OF HIS INTEGRATION . IT EMERGED FROM THE ORAL PROCEDURE THAT THE APPLICANT WAS HEARD BY THE ESTABLISHMENT BOARD AFTER HIS SUPERIORS HAD BEEN HEARD BUT THAT HE WAS NOT INVITED TO SUBMIT HIS FURTHER COMMENTS ON THE FACTS FOR EVALUATION WHICH THE SAID BOARD OBTAINED LATER, IN PARTICULAR AT ITS FOURTH MEETING WHEN IT DREW UP ITS UNFAVOURABLE OPINION . THIS OMISSION MUST IN ITSELF LEAD TO THE NULLITY OF THE DISPUTED OPINION AS WELL AS OF THE CONTESTED DECISION .
C - THE CLAIM FOR DAMAGES
DURING THE ORAL PROCEDURE THE APPLICANT AMENDED HIS CLAIM FOR PAYMENT OF DAMAGES AND INTEREST THEREON AND ASKED FOR PAYMENT OF DAMAGES LIMITED TO HIS ' SALARY UP TO THE DATE OF JUDGMENT '. THE CONCLUSIONS COMPRISING THE CLAIMS FOR DAMAGES CONTAINED IN THE PLEADINGS WERE ALTERNATIVE CLAIMS TO THE APPLICATIONS FOR THE ANNULMENT OF THE CONTESTED DECISION . IN FACT THEY WERE PLEADED IN CASE THE COURT WERE TO HOLD THAT THE INVALIDITY OF THE OPINION OF THE ESTABLISHMENT BOARD DOES NOT INVALIDATE THE TERMINATION OF THE CONTRACT OF EMPLOYMENT . ON THE OTHER HAND THE CLAIMS MADE DURING THE ORAL PROCEDURE WERE PUT FORWARD IN CASE THE COURT WERE TO HOLD THAT THE CONTESTED DECISION IS NULL AND VOID . THE APPLICANT HAS THEREFORE BY IMPLICATION WITHDRAWN