THE PERIODIC REPORT FOR 1981-83 MUST BE REJECTED .
( B ) THE ABSENCE OF ANY PERIODIC REPORT BETWEEN 1977 AND 1981
20 THE APPLICANT ALLEGES THAT THE ABSENCE OF A REPORT FOR TWO CONSECUTIVE PERIODS, 1977-79 AND 1979-81, ADVERSELY AFFECTED HER INASMUCH AS THE ABSENCE OF A REPORT PREVENTED HER FROM ANSWERING ANY ALLEGATIONS OF INSUFFICIENCY IN HER WORK AND AVOIDING THE POOR ASSESSMENT OF HER GIVEN IN THE SUBSEQUENT REPORT FOR THE PERIOD 1981-83 .
21 AS REGARDS THE ABSENCE OF A REPORT FOR THE PERIOD 1977-79, THAT CANNOT HAVE CAUSED THE DAMAGE ALLEGED BY THE APPLICANT . WHEN THE LESS FAVOURABLE ASSESSMENT CONTAINED IN THE REPORT FOR 1981-83 WAS GIVEN, THE REPORT FOR 1977-79 WAS STILL IN EXISTENCE BECAUSE IT WAS NOT ANNULLED UNTIL THE COURT DELIVERED ITS JUDGMENT ON 21 MARCH 1985 ( CITED ABOVE ).
22 IT IS TRUE THAT THE COMMISSION FAILED TO FULFIL ITS DUTY TO DRAW UP WITHIN A REASONABLE PERIOD OF TIME A FRESH PERIODIC REPORT FOR THE PERIOD 1977-79, IN COMPLIANCE WITH THE JUDGMENT ANNULLING THE REPORT . HOWEVER, THAT FAILURE CANNOT GIVE RISE TO COMPENSATION FOR THE APPLICANT BECAUSE SHE HAS NOT EXPLAINED IN WHAT REGARD THAT FAILURE HAS ADVERSELY AFFECTED HER .
23 AS REGARDS THE ABSENCE OF A REPORT FOR THE PERIOD 1979-81, IT SHOULD BE NOTED THAT THE APPLICANT AGREED THAT IT WOULD NOT BE DRAWN UP, FOLLOWING THE JUDGMENT ANNULLING THE REPORT DELIVERED ON 9 JULY 1981 ( CITED ABOVE ). SHE MUST ACCEPT THE CONSEQUENCES OF THAT AGREEMENT AND CANNOT, THEREFORE, LEGITIMATELY SEEK TO BE COMPENSATED FOR THE ABSENCE OF A REPORT FOR THAT PERIOD .
24 IN THOSE CIRCUMSTANCES THE CLAIM FOR COMPENSATION FOR THE ABSENCE OF ANY PERIODIC REPORT BETWEEN 1977 AND 1981 MUST BE REJECTED .
CLAIM FOR NOMINAL DAMAGES OF ONE FRANC
25 FINALLY, THE APPLICANT SEEKS PAYMENT OF ONE FRANC BY WAY OF NOMINAL DAMAGES TO COMPENSATE HER FOR NON-MATERIAL DAMAGE RESULTING FROM THE FAILURE TO REPLY TO HER COMPLAINT SEEKING TO HAVE HER PERIODIC REPORT FOR 1981-83 REVISED .
26 IN THAT REGARD, IT IS SUFFICIENT TO POINT OUT THAT THE SECOND PARAGRAPH OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS EXPRESSLY STATES THAT THERE MAY BE NO REPLY TO A COMPLAINT AT THE END OF THE PRESCRIBED PERIOD . BY VIRTUE OF THAT PROVISION, FAILURE TO REPLY SHALL BE DEEMED TO CONSTITUTE AN IMPLIED DECISION REJECTING THE COMPLAINT WHICH MAY THEN BE CHALLENGED UNDER ARTICLE 91 . CONSEQUENTLY, THE FAILURE TO REPLY TO A COMPLAINT CANNOT JUSTIFY THE AWARD OF NOMINAL DAMAGES OF ONE FRANC BY WAY OF COMPENSATION FOR NON-MATERIAL DAMAGE .
Decision on costs
COSTS
27 ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS . THE FIRST SUBPARAGRAPH OF ARTICLE 69 ( 3 ) PROVIDES THAT THE COURT MAY ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART WHERE EACH PARTY SUCCEEDS ON SOME AND