HAD BEEN ASSIGNED .
4 THE REPORT CONTAINS A GENERAL ASSESSMENT WHICH REFERS TO A CERTAIN LACK OF SPIRIT OF COOPERATION ON THE PART OF MR DITTERICH , WHEREAS HIS ABILITY AND EFFICIENCY ARE MARKED AS ' ' ABOVE AVERAGE ' ' AND HIS CONDUCT IN THE SERVICE AS ' ' AVERAGE ' ' .
5 EXERCISING HIS RIGHT TO MAKE COMMENTS ON THE PERIODIC REPORT PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 43 OF THE STAFF REGULATIONS , MR DITTERICH REQUESTED THAT THE ASSESSOR ' S STATEMENT NOTING A LACK OF SPIRIT OF COOPERATION ON HIS PART SHOULD BE STRUCK OUT AND THAT THE APPEAL ASSESSOR , MR MAS , DEPUTY DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE AND DIRECTOR OF THE ISPRA ESTABLISHMENT , SHOULD TAKE UP THE MATTER . HOWEVER , MR MAS CONFIRMED THE PERIODIC REPORT ON 26 MARCH 1980 .
6 ON 31 MARCH 1980 MR DITTERICH THEN APPEALED TO THE JOINT COMMITTEE ON STAFF REPORTS WHICH GAVE ITS OPINION ON 15 JULY 1980 . AFTER NOTING THAT THE APPLICANT ' S CONDUCT IN THE SERVICE WAS MARKED AS ' ' AVERAGE ' ' WHEREAS IN HIS PREVIOUS REPORT COVERING THE PERIOD 1973 TO 1975 IT HAD BEEN JUDGED TO BE ' ' ABOVE AVERAGE ' ' , THE JOINT COMMITTEE ON STAFF REPORTS ASKED THE APPEAL ASSESSOR , MR MAS , TO JUSTIFY THE ASSESSMENT RELATING TO THE APPLICANT ' S CONDUCT .
7 IN COMPLIANCE WITH THAT REQUEST THE APPEAL ASSESSOR , MR MAS , QUALIFIED THE PERIODIC REPORT ON 22 OCTOBER 1980 BY EXPLAINING THAT THE ASSESSMENT IN QUESTION WAS DUE TO THE FACT THAT DURING THE PERIOD COVERED BY THE REPORT MR DITTERICH HAD ' ' SYSTEMATICALLY QUESTIONED ALL HIS SUPERIORS ' DECISIONS CONCERNING HIM ' ' .
8 BY MEMORANDUM DATED 1 DECEMBER 1980 MR DITTERICH LODGED A COMPLAINT PURSUANT TO ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS AGAINST THE APPOINTING AUTHORITY ' S DECISION OF 22 OCTOBER 1980 ADOPTING THE DEFINITIVE VERSION OF THE PERIODIC REPORT . SINCE AFTER MORE THAN FOUR MONTHS NO REPLY TO THAT COMPLAINT HAD BEEN RECEIVED FROM THE ADMINISTRATION MR DITTERICH BROUGHT THIS ACTION .
THE CLAIMS FOR ANNULMENT OF THE PERIODIC REPORT
9 IN HIS WRITTEN SUBMISSIONS THE APPLICANT CLAIMED THAT THE APPEAL ASSESSOR WAS NOT ENTITLED TO GIVE AN EXPLANATION FOR THE ASSESSMENT OF HIS CONDUCT IN THE SERVICE BECAUSE IT HAD BEEN JUDGED TO BE ' ' AVERAGE ' ' , AND ALSO THAT THE PERIODIC REPORT WAS NOT WRITTEN IN HIS NATIVE LANGUAGE . THOSE TWO CLAIMS WERE ABANDONED AT THE HEARING AND NEED NOT THEREFORE BE CONSIDERED .
10 IN THE APPLICANT ' S VIEW THE GENERAL ASSESSMENT NOTING A LACK OF SPIRIT OF COOPERATION ON HIS PART IS BASED ON INCORRECT INFORMATION AND IS CONTRADICTORY . THE FACT THAT DURING THE PERIOD COVERED BY THE REPORT HE PUBLISHED A NUMBER OF STUDIES IN COLLABORATION WITH COLLEAGUES CONTRADICTS THE GENERAL ASSESSMENT AND ALSO THE APPEAL ASSESSOR '