ABILITIES
( A ) ON THE INFRINGEMENT OF THE TREATY
THE APPLICANT MAINTAINS THAT, SINCE, DURING THE PERIOD COVERED BY THE SUBSTANCE OF THE ESTABLISHMENT REPORT, IT HAD BEEN MADE IMPOSSIBLE FOR HIM TO PERFORM HIS DUTIES AS ASSISTANT TO THE DIRECTOR OF THE ISPRA CENTRE FOR WHICH HE HAD BEEN ENGAGED, ANY ASSESSMENT OF HIS ABILITIES WAS BASICALLY DEFECTIVE .
IT IS TRUE THAT ON THE ASSIGNMENT OF THE APPLICANT TO A ' PLANNING OFFICE ' ESTABLISHED FOLLOWING THE ARRIVAL AT ISPRA OF MR MERCEREAU A CHANGE TOOK PLACE IN HIS ORIGINAL POSITION WITHIN EURATOM . IN VIEW OF THE VERY GENERAL TERMS USED IN THE LETTER OF APPOINTMENT AND OF THE REQUIREMENTS RELATING TO THE ORGANIZATION OF THE DEPARTMENTS WHICH BECAME PARTICULARLY APPARENT DURING THE ESTABLISHMENT OF THE ISPRA CENTRE, THIS TRANSFER DOES NOT APPEAR TO EXCEED THE VERY WIDE POWERS WHICH IT MUST BE ADMITTED WERE NECESSARILY HELD AT THAT TIME BY THE DIRECTORATE OF THE CENTRE .
IN THESE CIRCUMSTANCES, IT IS REASONABLE THAT THE REPORT DRAWN UP FOR THE PURPOSES OF THE INTEGRATION PROCEDURE CONCERNING THE APPLICANT SHOULD ASSESS ALL THE ACTIVITIES IN FACT CARRIED OUT BY THE APPLICANT IN THE PERFORMANCE OF THE VARIOUS TASKS ENTRUSTED TO HIM .
THIS GROUND OF COMPLAINT IS THEREFORE UNFOUNDED .
THE APPLICANT MAINTAINS, MOREOVER, THAT HE HAD NOT BEEN ALLOWED TO SHOW HIS ABILITIES SINCE NO SPECIFIC TASK HAD BEEN GIVEN TO HIM DURING THE PERIOD COVERED BY THE SUBSTANCE OF THE ESTABLISHMENT REPORT AND ALL CONTACT WITH THE VARIOUS DEPARTMENTS HAD BEEN REFUSED HIM .
AS REGARDS THE WORK HE DID DO, THE APPLICANT IS CRITICIZED MAINLY FOR HIS LACK OF INITIATIVE IN FINDING PROBLEMS FOR STUDY AND FOR HIS CARELESSNESS; ALTHOUGH, AS WAS ADMITTED IN HIS EVIDENCE GIVEN TO THE CHAMBER BY MR MERCEREAU, ASSISTANT DIRECTOR OF THE CENTRE, THE APPLICANT'S WORK ON SPECIFIC QUESTIONS WAS AT FIRST OF THE REQUIRED STANDARD . THE MEASURES OF INQUIRY CARRIED OUT BY THE CHAMBER AT THE REQUEST OF THE APPLICANT DID NOT DISCLOSE ANYTHING WHICH MIGHT SHOW THAT HE HAD BEEN PREVENTED FROM HAVING CONTACTS WITH THOSE DEPARTMENTS WHICH MIGHT HAVE BEEN AFFECTED BY HIS ACTIVITIES . THEREFORE, HAVING REGARD TO THE VERY GENERAL NATURE OF THE TASKS INVOLVED IN THE APPLICANT'S DUTIES, THERE ARE NO GROUNDS FOR STATING THAT HE HAD NO OPPORTUNITY TO DEMONSTRATE HIS ABILITIES .
ALTHOUGH IT IS POSSIBLE THAT THE DETERIORATION IN THE APPLICANT'S PERSONAL RELATIONS WITH THE DIRECTORATE OF THE ISPRA CENTRE AND HIS DISAPPOINTMENT AT BEING ASSIGNED TO THE PLANNING OFFICE AFFECTED HIS GENERAL BEHAVIOUR, THIS COULD NOT JUSTIFY HIS NEGATIVE ATTITUDE, TYPIFIED AMONG OTHER THINGS BY SEVERAL UNJUSTIFIED PERIODS OF ABSENCE, WHICH WAS CONTRARY TO THE BASIC PRINCIPLES NECESSARY FOR THE EFFICIENT RUNNING OF THE DEPARTMENTS .
THIS GROUND OF COMPLAINT CANNOT THEREFORE BE UPHELD .
( B ) ON THE MISUSE OF POWERS
THE APPLICANT MAINTAINS THAT THE DIRECTOR - GENERAL MISUSED HIS POWERS IN DRAWING UP AN UNFAVOURABLE REPORT IN THAT HE USED HIS POWERS OF ASSESSMENT