FOR THE PERIOD 1977 TO 1979 AND OF THE APPEAL ASSESSOR ' S DECISION OF 7 JULY 1983 ON THAT REPORT AND FOR AN ORDER REQUIRING THE COMMISSION TO PAY HIM COMPENSATION IN AN AMOUNT TO BE FIXED BY THE COURT EX AEQUO ET BONO FOR THE NON-MATERIAL DAMAGE HE HAS SUFFERED BECAUSE OF THE CONSIDERABLE DELAY WHICH OCCURRED BEFORE HIS PERSONAL FILE WAS BROUGHT UP TO DATE ( CASE 186/84 ).
5 BY ORDER DATED 22 MAY 1984 THE COURT ( FIRST CHAMBER ) JOINED CASE 186/84 WITH JOINED CASES 173/82 AND 157/83 FOR THE PURPOSES OF THE PROCEDURE AND JUDGMENT .
6 IN CASES 173/82 AND 157/83 THE APPLICANT CHALLENGES THE PROMOTION DECISIONS TAKEN IN RESPECT OF 1982 IN SO FAR AS THEY DID NOT LEAD TO HIS PROMOTION TO GRADE A 4 . IN THIS REGARD THE APPLICANT BASES HIS CASE ON A NUMBER OF SUBMISSIONS , SOME RELATING TO THE NEGATIVE ATTITUDE WHICH HE ALLEGES HIS SUPERIORS ADOPTED TOWARDS HIM , IN PARTICULAR THE DIRECTOR GENERAL FOR AGRICULTURE , TO WHOSE DIRECTORATE GENERAL HE WAS ASSIGNED UNTIL 1 APRIL 1982 , OTHERS RELATING TO THE FACT THAT DURING THE PROCEDURE FOR PROMOTING OFICIALS TO GRADE A 4 IN 1982 HIS PERIODIC REPORTS FOR 1977 TO 1979 AND 1979 TO 1981 WERE NOT YET READY .
7 IN CASE 186/84 THE APPLICANT CHALLENGES HIS PERIODIC REPORT FOR 1977 TO 1979 , WHICH BECAME DEFINITIVE ON 7 JULY 1983 , AS WELL AS THE APPEAL ASSESSOR ' S DECISION OF THAT DATE UPHOLDING THE REPORT , INCLUDING THE ASSESSOR ' S APPRAISAL OF HIS EFFICIENCY AND CONDUCT IN THE SERVICE . THE APPLICANT ALSO SEEKS COMPENSATION FOR THE NON-MATERIAL DAMAGE WHICH HE CLAIMS TO HAVE SUFFERED BECAUSE OF THE CONSIDERABLE DELAY IN THE DRAWING UP OF HIS PERIODIC REPORT , WHICH MEANT THAT HIS PERSONAL FILE WAS NOT BROUGHT UP TO DATE FOR ABOUT 40 MONTHS .
8 CONSEQUENTLY , IN EXAMINING THE THREE APPLICATIONS REGARD MUST ESSENTIALLY BE HAD TO THE FOLLOWING MATTERS :
( I ) THE FACT THAT THE APPLICANT WAS NOT PROMOTED IN THE 1982 PROMOTION PROCEDURE ;
( II)THE VALIDITY OF THE APPLICANT ' S PERIODIC REPORT FOR THE PERIOD 1977 TO 1979 ;
( III)THE HARM SUFFERED OWING TO THE DELAY IN THE DRAWING UP OF THAT PERIODIC REPORT .
( A ) THE FACT THAT THE APPLICANT WAS NOT PROMOTED
9 THE APPLICANT WAS APPOINTED A PROBATIONARY OFFICIAL OF THE COMMISSION IN GRADE A 5 IN 1969 . HE WAS ESTABLISHED IN HIS POST IN 1970 . UNTIL 1982 HE WAS ASSIGNED TO VARIOUS DIVISIONS OF THE DIRECTORATE GENERAL FOR AGRICULTURE . IN 1977 HIS NAME WAS PUT ON THE LIST OF OFFICIALS PROPOSED BY THE COMMISSION DEPARTMENTS FOR PROMOTION TO GRADE A 4 . HE WAS 17TH ON A LIST OF 18 CANDIDATES . THAT LIST WAS RE-ADOPTED WITHOUT CHANGE IN 1978 . IN 1979 AND SUBSEQUENT YEARS THE APPLICANT ' S NAME WAS NOT ON THE LIST OF OFFICIALS