DOES NOT PREVENT AN EXAMINATION OF ITS MERITS, SINCE THE REASONS ARE SUFFICIENTLY INDICATED BY THE REFERENCE MADE THEREIN TO THE ESTABLISHMENT REPORT DRAWN UP BY THE APPLICANT'S SUPERIOR OFFICER . THIS OMISSION IS THEREFORE NOT A SUFFICIENT REASON TO ANNUL THE CONTESTED DECISION . THIS BEING SO IT IS DESIRABLE TO CONSIDER THE COMPLAINT BASED ON THE JUSTIFICATION FOR THE DECISION .
AS REGARDS THE FACTUAL INACCURACY OF THE REASONS GIVEN
THE APPLICANT CRITICIZES THE ESTABLISHMENT REPORT DRAFTED BY HIS SUPERIOR OFFICER ON THE THREE POINTS IN CONNECTION WITH WHICH THE WORD 'INADEQUATE' WAS USED . THE ASSESSMENT WAS MADE ON THE BASIS OF THE WORK CARRIED OUT BY THE APPLICANT AND OF HIS PROFESSIONAL CONDUCT SINCE HE HAD HELD POST N . 30 ON A TEMPORARY BASIS, THAT IS, FOR ABOUT TWO YEARS . IT HAS BEEN CONFIRMED BY THE DIRECTOR-GENERAL UNDER WHOM THE APPLICANT WAS WORKING .
IT MUST BE STRESSED THAT THE APPLICANT'S CRITICISMS ARE NOT DIRECTED AGAINST THE MATERIAL ACCURACY OF FINDINGS OF FACT WHICH ARE CAPABLE OF OBJECTIVE VERIFICATION, NOR AGAINST ASSESSMENTS WHICH MAY BE OBJECTIVELY REVIEWED, BUT AGAINST COMPLEX VALUE-JUDGMENTS THE MERITS OF WHICH, BY THEIR VERY NATURE AND SUBJECT, CANNOT BE REVIEWED BY THE COURT . FOR THIS REASON THIS COMPLAINT MUST BE REJECTED WITHOUT ANY EXAMINATION OF THE ACCURACY OF THE CRITICISMS CONTAINED IN THE ESTABLISHMENT REPORT .
ON THE SUBMISSION OF MISUSE OF POWERS
THE APPLICANT STATES THAT PERSONAL ANIMOSITY HAD INDUCED HIS IMMEDIATE SUPERIOR TO DRAFT A REPORT WHICH DID NOT RECOMMEND HIS INTEGRATION . THE FACTS REFERRED TO BY THE APPLICANT IN SUPPORT OF HIS ALLEGATION, ALTHOUGH THEY MAY RAISE THE PRESUMPTION THAT RELATIONS BETWEEN MR MAILLET AND THE APPLICANT WERE STRAINED, ARE NOT OF SUCH A NATURE AS TO SHOW THAT THIS INCOMPATIBILITY OF CHARACTER WAS THE REAL CAUSE OF THE UNFAVOURABLE TONE OF THE ESTABLISHMENT REPORT DRAFTED BY MR MAILLET .
THIS SUBMISSION MUST THEREFORE BE REJECTED .
ON THE REQUEST FOR COMPENSATION
THE APPLICANT ALLEGES THAT HE HAS BEEN INJURIOUSLY AFFECTED BY THE DECISION IN DISPUTE WHICH REFLECTED ADVERSELY ON HIS HONOUR AND REPUTATION AND AFFECTED HIS NORMAL LIFE .
IT IS CLEAR FROM THE ABOVE CONSIDERATIONS THAT THE DECISION IN DISPUTE IS NOT VITIATED ON ANY OF THE GROUNDS ALLEGED BY THE APPLICANT . A MEASURE WHICH HAS NOT BEEN SHOWN TO BE UNLAWFUL CANNOT CONSTITUTE A WRONGFUL ACT OR OMISSION AND THUS UNLAWFULLY PREJUDICE THE HONOUR AND REPUTATION OF THE PERSON TO WHOM IT REFERS, UNLESS IT CONTAINS SUPERFLUOUS CRITICISMS OF THAT PERSON . IN THIS CASE, THE REASONS FOR THE CONTESTED DECISION WERE LIMITED TO THE ABSOLUTE MINIMUM . THE APPLICANT HAS THEREFORE NO RIGHT TO COMPENSATION FOR ANY INJURY CAUSED BY THE DECISION IN DISPUTE .
Decision on costs
THE APPLICANT HAS FAILED IN HIS APPLICATIONS .
UNDER THE TERMS OF ARTICLE 70 OF THE RULES OF PROCEDURE OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES AND WITHOUT PREJUDICE TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ) OF