TO ARTICLE 47 ( 1 ) OF THE RULES OF PROCEDURE OF THE COURT .
REQUEST FOR THE HEARING OF THE APPLICANT AND THREE WITNESSES
8 IN THE FIRST PLACE, THE APPLICANT REQUESTS THAT HE HIMSELF AND MR DUCHATEAU, THE PERMANENT DELEGATE OF THE EEC AT THE OECD, SHOULD BE HEARD IN ORDER TO ESTABLISH THAT THE LATTER TELEPHONED THE APPLICANT IN MARCH 1985 TO INFORM HIM THAT HE WOULD PROBABLY BE REMOVED FROM HIS POST FOR THE SECOND TIME . SECONDLY, THE APPLICANT REQUESTS THAT MR AUDIBERT, FORMER HEAD OF THE PRIVATE OFFICE OF THE FRENCH MINISTER FOR COOPERATION, SHOULD BE HEARD IN ORDER TO ESTABLISH THAT THE FRENCH AUTHORITIES, WHO WERE FULLY AWARE OF THE EVENTS OF 6 OCTOBER 1982, WISHED THE APPLICANT TO CONTINUE TO PERFORM HIS DUTIES WITH THEM AS A COMMUNITY OFFICIAL SECONDED TO A NATIONAL ADMINISTRATION AS PART OF THE POLICY OF EXCHANGING OFFICIALS . LASTLY, THE APPLICANT REQUESTS THAT HIS FATHER SHOULD BE HEARD TO SHOW, IN THE FIRST PLACE, THAT AFTER THE APPLICANT WAS HEARD BY MR CHRISTOPHERSEN, ON 15 FEBRUARY 1985, ONLY TWO SOLUTIONS SEEMED TO BE ACCEPTABLE TO THE COMMISSION - NAMELY THE APPLICANT' S RESIGNATION OR HIS REMOVAL FROM HIS POST FOR THE SECOND TIME - AND, SECONDLY, THAT MR MOREL REFUSED TO GIVE THE APPLICANT AN OPPORTUNITY TO PRESENT HIS APOLOGIES .
9 THIS OFFER TO PRESENT EVIDENCE MUST BE ASSESSED IN THE LIGHT OF THE SUBMISSIONS MADE BY THE APPLICANT, WHICH CONCERN ONLY THE STATEMENT OF REASONS FOR THE DECISION AND BREACH OF THE PRINCIPLE OF PROPORTIONALITY . ALTHOUGH THE STATEMENT OF REASONS FOR THE DECISION STRESSES THAT THE APPLICANT DID NOT EXPRESS ANY REGRET "UNTIL THE HEARING OF 15 FEBRUARY 1985, WHICH TOOK PLACE UNDER SPECIAL CIRCUMSTANCES", IT IS ALSO CLEAR THAT THE APPLICANT' S FATHER DID NOT APPROACH THE COMMISSION UNTIL AFTER THAT HEARING . THE OTHER FACTS OFFERED IN EVIDENCE ARE EXTRANEOUS TO THE STATEMENT OF REASONS FOR THE DECISION . MOREOVER, NONE OF THE MATTERS REFERRED TO BY THE APPLICANT IN HIS REQUEST FOR THE HEARING OF WITNESSES IS RELEVANT TO THE ASSESSMENT OF WHETHER THE PENALTY IMPOSED IS DISPROPORTIONATE TO THE ALLEGATIONS MADE AGAINST HIM IN THE DECISION .
10 CONSEQUENTLY, THE APPLICANT' S REQUEST FOR THE HEARING OF WITNESSES SHOULD NOT BE UPHELD .
THE SUMMARY OF THE FACTS IN THE STATEMENT OF THE REASONS FOR THE CONTESTED DECISION
11 THE APPLICANT CONSIDERS THAT THE STATEMENT OF REASONS FOR THE CONTESTED DECISION IS ERRONEOUS AND INADEQUATE . HE CLAIMS THAT THE DECISION IS BASED ON ALLEGATIONS WHICH HE DENIES, IN PARTICULAR THAT HE THREW AN ASHTRAY AT MR MOREL AND KICKED HIM . ON THE OTHER HAND, IT DOES NOT REFER TO THE PROVOCATIVE AND HUMILIATING CIRCUMSTANCES OF THE INTERVIEW WITH MR MOREL, AT WHICH THE INCIDENT OF 6 OCTOBER 1982 OCCURRED . IN THAT REGARD, THE APPLICANT STRESSES IN PARTICULAR MR MOREL' S REFUSAL TO PAY ATTENTION TO HIS REPEATED ARGUMENTS, HIS APPARENT DESIRE TO HARM THE APPLICANT, THE SCORNFUL