PRINCIPAL ADMINISTRATOR WAS NOT SUFFICIENT FOR THAT PURPOSE . SINCE HE HAD BEEN APPOINTED TO AN IMPORTANT POST IN THE SECRETARIAT OF THE ECONOMIC AND SOCIAL COMMITTEE , THE ADMINISTRATION WAS UNDER AN OBLIGATION TO INFORM THE APPLICANT OF THE NATURE OF THE TASKS WHICH HE WAS TO ACCOMPLISH , THE SCOPE OF HIS RESPONSIBILITIES AND THE INITIATIVES WHICH WERE EXPECTED OF HIM . OCCASIONAL TASKS ENTRUSTED TO THE APPLICANT , CRITICISMS OF HIS BEHAVIOUR OR OF THE QUALITY OF HIS WORK , OR ADVICE TO CONSULT THE ARCHIVES OF THE DEPARTMENT SO AS TO BECOME FAMILIAR WITH ESTABLISHED PRACTICE CANNOT TAKE THE PLACE OF OFFICIAL INSTRUCTIONS .
22 SECONDLY , THE APPLICANT RIGHTLY COMPLAINED THAT HE WAS NOT PROVIDED WITH SUITABLE PHYSICAL WORKING CONDITIONS FOR THE PERFORMANCE OF HIS DUTIES AND THAT BECAUSE OF THE CONSTANT INTERFERENCE OF HIS SUPERIOR , HE WAS NOT ABLE TO COOPERATE NORMALLY WITH THE STAFF WHO , ACCORDING TO THE DETAILED LIST OF POSTS , WERE ASSIGNED TO HIS DEPARTMENT .
23 FINALLY , IT WOULD APPEAR TO BE IRREGULAR THAT THE HEAD OF DIVISION , UNDER WHOSE PARTICULAR CARE THE APPLICANT HAD BEEN PLACED DURING HIS PROBATIONARY PERIOD , SEEMS TO HAVE BEEN SUPPLANTED BY THE DIRECTOR BOTH WITH REGARD TO THE ACTUAL SUPERVISION OF THE PROBATIONARY PERIOD AND TO THE ASSESSMENT MADE IN THE REPORT AT THE END OF THAT PERIOD .
24 FOR ALL THOSE REASONS , IT WOULD SEEM THAT THE APPLICANT DID NOT HAVE AN OPPORTUNITY TO SERVE HIS PROBATIONARY PERIOD UNDER NORMAL CONDITIONS AND THAT FOR THAT REASON THE DECISION TERMINATING THE PROBATIONARY PERIOD WITHOUT ESTABLISHING THE APPLICANT MUST BE ANNULLED . SINCE AN OPPORTUNITY TO SERVE A SECOND PROBATIONARY PERIOD UNDER PROPER CONDITIONS WILL CONSTITUTE APPROPRIATE COMPENSATION , THE APPLICANT ' S CLAIM FOR PAYMENT OF HIS SALARY AND ALL BENEFITS PROVIDED FOR IN THE STAFF REGULATIONS FOR THE PERIOD FROM 31 MARCH 1983 UNTIL THE DATE ON WHICH HE RESUMES WORK AND FOR DAMAGES MUST BE DISMISSED IN SO FAR AS THEY WERE MAINTAINED AS AN ALTERNATIVE TO THE MAIN CLAIM .
25 IN THOSE CIRCUMSTANCES , THE APPLICANT ' S CRITICISMS REGARDING THE ASSESSMENTS WHICH THE ADMINISTRATION MADE OF HIS SERVICES HAVE LOST THEIR PURPOSE . IT MUST HOWEVER BE OBSERVED THAT , IN ANY EVENT , IT IS NOT FOR THE COURT TO INTERVENE IN THE ASSESSMENT MADE BY THE INSTITUTIONS OF THE OUTCOME OF A PROBATIONARY PERIOD AND IN THEIR APPRECIATION OF THE SUITABILITY OF A CANDIDATE FOR A PERMANENT APPOINTMENT IN THE COMMUNITY CIVIL SERVICE , EXCEPT WHERE THERE ARE MANIFEST ERRORS OF ASSESSMENT OR A MISUSE OF POWER .
26 IT IS FOR THE ECONOMIC AND SOCIAL COMMITTEE , IN ACCORDANCE WITH ARTICLE 176 OF THE EEC TREATY , TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THIS JUDGMENT BY ALLOWING THE APPLICANT THE OPPORTUNITY TO SERVE A SECOND PROBATIONARY PERIOD , AFTER WHICH A FRESH ASSESSMENT OF HIS QUALIFICATIONS MUST BE MADE .
Decision on costs
COSTS
27 UNDER