STRESSES IN PARTICULAR THAT HE WAS NOT GIVEN THE NECESSARY TIME AFTER HIS RETURN FROM THE UNITED STATES TO DEMONSTRATE AN IMPROVEMENT IN HIS WORK AND THEREBY COMPLY WITH THE REQUEST TO TAKE THE DIVISION IN HAND , A REQUEST WHICH WAS CONTAINED IN THE MEMORANDUM OF 21 JANUARY 1978 AND WHICH , IN THE APPLICANT ' S VIEW MEANT THAT THE DISMISSAL MIGHT NOT BE BASED ON HIS PREVIOUS WORK . FURTHERMORE , THE COMMISSION CANNOT RELY ON INCOMPETENCE AS A MANAGER ON THE PART OF THE APPLICANT , BECAUSE THE DIRECTOR OF THE CENTRE IN PETTEN ' ' SHORT-CIRCUITED ' ' HIM BY DEALING DIRECTLY WITH THE APPLICANT ' S SUBORDINATES AND BECAUSE THE COMMISSION FAILED TO FULFIL ITS OBLIGATION TO ASSIST HIM BY NOT ENROLLING HIM ON THE MANAGEMENT TRAINING COURSE WHICH IT ORGANIZED .
6 IN ADDITION , THE APPLICANT SUBMITS THAT THE DECISION IS VITIATED BY A PROCEDURAL FLAW INASMUCH AS HE DID NOT HAVE THE OPPORTUNITY TO DEFEND HIMSELF ON THE CONDITIONS ENJOYED BY OFFICIALS UNDER ARTICLE 51 OF THE STAFF REGULATIONS AND ANNEX IX THERETO , WHICH , IN VIEW OF THE FACT THAT HE HELD A POST WHICH IN OTHER SPHERES OF COMMUNITY WORK WOULD BE HELD BY AN OFFICIAL , APPLY BY ANALOGY OR BY VIRTUE OF THE PRINCIPLE OF RESPECT FOR THE RIGHTS OF THE DEFENCE AND THE PRINCIPLE OF EQUALITY .
7 IN ANSWER TO THESE ARGUMENTS IT MUST FIRST BE EMPHASIZED THAT IT CLEARLY FOLLOWS FROM ARTICLE 47 ( 2 ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS THAT IT LIES WITHIN THE DISCRETION OF THE COMPETENT AUTHORITY TO TERMINATE A CONTRACT CONCLUDED FOR AN INDEFINITE PERIOD , PROVIDED THAT THE PERIOD OF NOTICE STIPULATED IN THE CONTRACT IS GRANTED AND THAT THAT PERIOD IS IN ACCORDANCE WITH THE SAID PROVISION . IN A CASE OF DISMISSAL FOR INCOMPETENCE THE COURT MAY NOT THEREFORE REVIEW THE BASIS ON WHICH THAT DISCRETION WAS EXERCISED , EXCEPT WHERE A PATENT ERROR OR A MISUSE OF POWER CAN BE PROVED .
8 THE FACTS AND ARGUMENTS PUT FORWARD BY THE APPLICANT MAKE NO SUGGESTION THAT SUCH WAS THE CASE . NOTWITHSTANDING THE REQUEST TO TAKE THE DIVISION IN HAND SENT TO THE APPLICANT BY HIS IMMEDIATE SUPERIOR ON A CERTAIN DATE , THE COMPETENT AUTHORITY , IN ORDER TO COME TO A DECISION ON HIS DISMISSAL , WAS ABLE AND OBLIGED TO TAKE INTO CONSIDERATION THE ENTIRE CAREER OF THE PERSON CONCERNED , INCLUDING THE PERIOD PRIOR TO THAT WARNING . WITH REGARD TO THE SO-CALLED ' ' SHORT-CIRCUITING ' ' , IT HAS NOT BEEN ESTABLISHED THAT IN HIS DIRECT DEALING WITH THE APPLICANT ' S SUBORDINATES THE DIRECTOR EXCEEDED WHAT HE MIGHT REASONABLY CONSIDER NECESSARY IN ORDER TO REMEDY A SITUATION CAUSED BY THE APPLICANT ' S OWN INCOMPETENCE . MOREOVER , THE COMPETENT AUTHORITY WAS AWARE OF THE APPLICANT ' S ARGUMENT ON THAT POINT WHEN IT TOOK THE DECISION TO DISMISS HIM . FINALLY , THE