IS ALLEGED THAT THIS REPORT WAS WORSE IN COMPARISON WITH THE PREVIOUS PERIODIC REPORTS ( 1969-1970 AND 1971-1972 ) BY REASON OF THE FACT THAT IN THE FIRST PLACE THE ASSESSMENTS OF HIS ABILITY AND HIS EFFICIENCY WERE ALTERED FROM ' EXCELLENT ' TO ' VERY GOOD ' AND THAT IN THE GENERAL ASSESSMENT THERE WAS NO LONGER ANY MENTION OF HIS SUITABILITY FOR PROMOTION .
3 THE DEFENDANT , THE EUROPEAN PARLIAMENT , ALLEGES THAT THE APPLICATION IS INADMISSIBLE ON SEVERAL COUNTS .
4 IT IS ALLEGED THAT THE PERIODIC REPORT CANNOT BE REGARDED AS AN ACT WHICH MAY BE CONTESTED UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS BECAUSE IT IS ONLY A PURELY INTERNAL ACT THE REMEDIES FOR WHICH LIE SOLELY IN THE RIGHT OF THE PERSON AFFECTED TO ADD ANY OBJECTIONS AND OBSERVATIONS .
5 MOREOVER IT IS CLAIMED THAT SINCE THE PERIODIC REPORT CONSISTS OF A SERIES OF ASSESSMENTS , THE COURT CANNOT , IN THE NATURE OF THINGS , SUBSTITUTE ITS OWN ASSESSMENTS FOR THOSE OF THE APPOINTING AUTHORITY .
6 FINALLY THE PARLIAMENT STATES THAT THE REPORT WAS NOTIFIED TO THE APPLICANT BEFORE 5 MARCH 1975 SO THAT HIS COMPLAINT ON 17 JUNE WAS OUT OF TIME .
7 SINCE ARTICLE 43 OF THE STAFF REGULATIONS PROVIDES FOR THE MAKING OF A PERIODIC REPORT EVERY TWO YEARS THESE ARE THUS MANDATORY MEASURES WHICH MUST BE COMMUNICATED TO THE PERSON CONCERNED .
8 IT IS CLEAR THAT THESE PERIODIC REPORTS GENERALLY CONSTITUTE A MORE OR LESS IMPORTANT FACTOR EACH TIME THE OFFICIAL CONCERNED IS CONSIDERED FOR ANY PROMOTION OR TAKES PART IN COMPETITIONS WITHIN THE MEANING OF ARTICLE 29 OF THE STAFF REGULATIONS .
9 ALTHOUGH IT IS TRUE THAT THESE REPORTS ARE MADE UP OF ASSESSMENTS WHICH IT IS DIFFICULT FOR A COURT TO REVIEW , THIS FACT DOES NOT PREVENT THEIR ADOPTION FROM BEING VITIATED FOR IRREGULARITY OF FORM AND PROCEDURE OR PATENT ERROR AND MISUSE OF DISCRETIONARY POWER - DEFECTS CAPABLE OF MAKING THEM UNLAWFUL .
10 ACCORDINGLY THE ARGUMENT THAT AN APPLICATION AGAINST A PERIODIC REPORT IS IPSO FACTO INADMISSIBLE CANNOT BE ACCEPTED .
11 IT IS ESTABLISHED THAT THE REPORT IN QUESTION WAS SIGNED BY THE SECRETARY-GENERAL OF THE PARLIAMENT ON 17 APRIL 1975 .
12 IT BECAME DEFINITIVE ONLY ON THAT DATE .
13 ACCORDINGLY THE FACT THAT THE APPLICANT , IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED FOR THE DRAWING UP OF PERIODIC REPORTS , HAD KNOWLEDGE OF THE CONTENT BEFORE THAT DATE IS NOT CAPABLE OF CAUSING THE PERIOD FOR LODGING AN APPEAL TO START TO RUN OR OF SHORTENING IT .
14 THE ACTION IS THEREFORE ADMISSIBLE .
SUBSTANCE
15 THE APPLICANT CONSIDERS IN THE FIRST PLACE THAT THE REPORT IN QUESTION IS VITIATED FOR MISUSE OF POWER AND ALLEGES THAT THE LESS FAVOURABLE ASSESSMENTS AND THE ABSENCE OF ANY RECOMMENDATION FOR PROMOTION IS DUE TO THE FACT THAT DURING 1974 HE REPEATEDLY MADE USE OF THE PERIODIC REPORTS FOR 1969-1970 AND 1971-1972 TO