TAKES PLACE ONLY WHERE NECESSARY, THAT IS TO SAY IF IT PROVES TO BE APPROPRIATE, AND IS NOT THEREFORE COMPULSORY .
21 FINALLY, THE FACT THAT MR PERRY AND MR VAN GOETHEM SIGNED THE PERIODIC REPORT DRAWN UP BY MR VERHEYDEN BEFORE THE LATTER SIGNED IT CANNOT INVALIDATE THE PROCEDURE SINCE IT HAS NOT BEEN ESTABLISHED, OR EVEN ALLEGED, THAT ANY AMENDMENTS WERE MADE TO IT AFTER THEY SIGNED IT AND BEFORE IT WAS SIGNED BY THE ASSESSOR .
22 IN THOSE CIRCUMSTANCES, THE SUBMISSION CONSIDERED ABOVE MUST BE REJECTED .
DISCUSSIONS BETWEEN THE ASSESSOR AND THE OFFICIAL ASSESSED
23 MR PICCIOLO ALLEGES INFRINGEMENT OF ARTICLE 6 OF THE GENERAL PROVISIONS AND POINT B.8.1 OF THE GUIDE TO STAFF REPORTS AND BREACH OF THE GENERAL PRINCIPLE OF THE RIGHT TO A FAIR HEARING . IN HIS VIEW, THE DISCUSSIONS WHICH SHOULD HAVE TAKEN PLACE WITH THE FIRST ASSESSOR WERE NOT PROPOSED TO HIM IN THE PRESCRIBED MANNER AND ACCORDINGLY COULD NOT TAKE PLACE . THAT DEFECT COULD NOT BE REMEDIED BY THE PURELY FORMAL CONSULTATION WHICH HE HAD WITH THE APPEAL ASSESSOR .
24 IT SHOULD BE NOTED ON THE ONE HAND THAT ON THREE OCCASIONS THE DIRECTOR OF THE PUBLICATIONS OFFICE, AS ASSESSOR, INVITED MR PICCIOLO TO ENTER INTO DISCUSSIONS ON THE PERIODIC REPORT DRAWN UP IN DECEMBER 1983 . MR PICCIOLO REFUSED TO DO SO, CLAIMING THAT THE REPORT WAS VITIATED BY CERTAIN IRREGULARITIES . THE PURPOSE OF SUCH DISCUSSIONS IS, IN PARTICULAR, TO ENABLE THE OFFICIAL CONCERNED TO GIVE THE ASSESSOR HIS OBSERVATIONS AND, IF NECESSARY, HIS OBJECTIONS . HOWEVER WELL FOUNDED HIS OBJECTIONS MIGHT HAVE BEEN, MR PICCIOLO WAS NOT ENTITLED TO RELY ON THEM IN ORDER TO AVOID ENTERING INTO THE DISCUSSIONS PROPOSED TO HIM . HE CANNOT THEREFORE RELY UPON A SITUATION CREATED BY HIM IN ORDER TO CHALLENGE THE PROPRIETY OF THE REPORTING PROCEDURE IN THAT RESPECT .
25 MOREOVER, IT MUST IN ANY EVENT BE POINTED OUT THAT, AS THE COURT HELD IN ITS JUDGMENT OF 21 MARCH 1985 IN CASE 263/83 TURNER V COMMISSION,((1985 )) ECR 893 ), THE ABSENCE OF CONSULTATION BETWEEN THE FIRST ASSESSOR AND THE OFFICIAL ASSESSED CANNOT LEAD TO THE NULLITY OF THE PERIODIC REPORT WHERE THE DISPUTE RELATES TO THE REPORT DRAWN UP BY THE APPEAL ASSESSOR AND THE LATTER HAD A GENUINE EXCHANGE OF VIEWS WITH THE OFFICIAL ASSESSED . IN THE PRESENT CASE IT IS AGREED THAT MR PICCIOLO WAS HEARD BY THE APPEAL ASSESSOR AND WAS THUS GIVEN AN OPPORTUNITY TO EXPRESS ORALLY ALL HIS VIEWS ON THE REPORT .
26 THE FOREGOING SUBMISSION MUST THEREFORE BE REJECTED .
THE INFORMATION AT THE DISPOSAL OF THE APPEAL ASSESSOR
27 ACCORDING TO MR PICCIOLO, THE SECOND PARAGRAPH OF ARTICLE 7 OF THE GENERAL PROVISIONS AND POINT B.9.3 . OF THE GUIDE TO STAFF REPORTS WERE INFRINGED IN SO FAR AS THE APPEAL ASSESSOR DID NOT HAVE ALL THE REQUISITE INFORMATION AT HIS DISPOSAL AS A RESULT OF NOT HEARING THE FIRST ASSESSOR OR RECEIVING