RESPECT THAT ANY CRITICISM OF HIS CONDUCT SHOULD HAVE BEEN TREATED AS A DISCIPLINARY MATTER UNDER TITLE VI OF THE STAFF REGULATIONS . THIRDLY , THE APPLICANT ALLEGES VIOLATION OF GENERAL PRINCIPLES OF LAW AND , FINALLY , HE CLAIMS THAT THE DECISION TO DISMISS HIM IS VOID BECAUSE IT MAKES NO REFERENCE TO THE RECOMMENDATION THAT THE APPLICANT BE ESTABLISHED WHICH WAS CONTAINED IN THE FIRST REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD .
11 THE COMMISSION CONTENDS FIRST THAT THE ARGUMENT RELATING TO AN ALLEGED INFRINGEMENT OF ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS IS NOT WELL-FOUNDED ; IT CLAIMS THAT AS LONG AS THE PROBATIONARY PERIOD IS RUNNING A NEW REPORT MAY BE DRAWN UP AT ANY TIME . THE LEGISLATURE CERTAINLY DID NOT INTEND TO PREVENT THE APPOINTING AUTHORITY FROM REACTING , ON THE BASIS OF A SECOND REPORT COVERING THE PERIOD NOT DEALT WITH BY THE FIRST REPORT , TO CONDUCT ON THE PART OF THE PROBATIONARY OFFICIAL JUSTIFYING HIS DISMISSAL . THE RELEVANT PROVISION SHOULD BE UNDERSTOOD TO MEAN THAT THE REQUIREMENT THAT THE INSTITUTION PREPARE A REPORT ONE MONTH BEFORE THE EXPIRATION OF THE PROBATIONARY PERIOD IS INTENDED TO ENSURE THAT IT WILL HAVE AT ITS DISPOSAL ENOUGH TIME FOR A DECISION TO BE TAKEN WHICH WILL COINCIDE AS FAR AS POSSIBLE WITH THE DATE ON WHICH THE PROBATIONARY PERIOD , OR ANY EXTENSION THEREOF , EXPIRES .
12 IT IS TRUE THAT ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS PROVIDES THAT THE REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD IS TO BE DRAWN UP NOT LESS THAN ONE MONTH BEFORE THE EXPIRY OF THE PROBATIONARY PERIOD . THE PROVISION ENABLES THE REPORT TO BE SENT TO THE PERSON CONCERNED FOR ANY OBSERVATIONS HE MAY WISH TO MAKE AND ALLOWS THE APPOINTING AUTHORITY SUFFICIENT TIME TO STUDY THE REPORT IN ORDER TO MAKE ITS DECISION , ON THE EXPIRY OF THE PROBATIONARY PERIOD , AS TO WHETHER OR NOT THE PROBATIONARY OFFICIAL IS TO BE ESTABLISHED . IT SHOULD BE NOTED , HOWEVER , THAT THE PROBATIONARY PERIOD MAY BE EXTENDED , EVEN AFTER THE REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD HAS BEEN DRAWN UP , SO THAT TO INTERPRET THE STAFF REGULATIONS IN SUCH A WAY AS TO EXCLUDE ANY POSSIBILITY OF DRAWING UP A SECOND REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD SHOULD THE CONDUCT OR ABILITY OF THE PROBATIONARY OFFICIAL PROVE UNSATISFACTORY WOULD BE TOO RESTRICTIVE .
13 AS TO THE ARGUMENT TO THE EFFECT THAT THE SECOND REPORT WAS NOT DRAWN UP AT LEAST ONE MONTH BEFORE THE EXPIRY OF THE PROBATIONARY PERIOD BUT ALMOST ONE MONTH AFTER THAT PERIOD HAD ENDED , IT IS APPROPRIATE TO OBSERVE THAT THE COURT ( SECOND CHAMBER ) IN ITS JUDGMENT OF 12 JULY 1973 ( JOINED CASES 10 AND 47/72 DI PILLO ( 1973 ) ECR 763 ) STATED THAT WHILST IT IS TRUE THAT A DELAY IN MAKING THE REPORT CONSTITUTES