PERMISSION TO PUBLISH HAD NOT YET BEEN GIVEN AND THAT THE PAPER MUST BE REGARDED AS WITHDRAWN UNLESS PERMISSION WAS FORTHCOMING WITHIN THE REQUIRED PERIOD .
12 IT APPEARS FROM UNCHALLENGED INFORMATION PROVIDED BY THE COMMISSION THAT ULTIMATELY THE PAPER WAS IN FACT PUBLISHED IN THE PROCEEDINGS OF THE CONFERENCE , WHICH THE APPLICANTS DID NOT ATTEND .
13 IN ORDER TO DEMONSTRATE THE UNLAWFULNESS OF THE REFUSAL OF THEIR TWO REQUESTS THE APPLICANTS REFER TO AN INTERNAL MEMORANDUM DATED 15 MAY 1979 ( NO 13/79 ) FROM THE DIRECTOR OF THE ISPRA ESTABLISHMENT RELATING TO THE PROCEDURE FOR NOMINATING THOSE WHO SHOULD TAKE PART IN SCIENTIFIC AND TECHNICAL CONFERENCES AND THE PRESENTATION OF PAPERS . THEY REFER IN PARTICULAR TO TWO POINTS IN THAT MEMORANDUM , FROM WHICH IT APPEARS THAT THE APPLICATION TO TAKE PART IN A CONFERENCE THAT IS TO BE SUBMITTED TO THE HIERARCHICAL SUPERIOR SHOULD CONTAIN INTER ALIA ' ' IF POSSIBLE CONFIRMATION THAT THE PAPER HAS BEEN ACCEPTED BY THE ORGANIZER ' ' ( POINT 2.7 ) AND THAT OFFICIALS ARE AUTHORIZED TO FORWARD TO THE ORGANIZERS THEIR PROPOSED PAPERS ' ' IN THE FORM OF A TITLE OR SUMMARY ' ' ( POINT 4.1.B ). THE APPLICANTS MAINTAIN THAT THEY CANNOT THEREFORE BE CRITICIZED FOR SENDING IN ADVANCE TO THE CONFERENCE ORGANIZERS WHAT THEY DESCRIBED IN THEIR ORAL ARGUMENT AS A ' ' DRAFT ' ' OR ' ' SKETCH ' ' .
14 IN ADDITION , THE APPLICANTS EMPHASIZED THE LIMITS WHICH IN THEIR VIEW WERE INHERENT IN THE RIGHT OF CONTROL EXERCISED BY THE INSTITUTION , UNDER THE SECOND PARAGRAPH OF ARTICLE 17 OF THE STAFF REGULATIONS , OVER THE PUBLICATIONS OF ITS OFFICIALS ON SUBJECTS CONNECTED WHICH THE WORK OF THE COMMUNITIES . IN THAT RESPECT THEY POINT OUT THAT , ACCORDING TO THE SECOND SENTENCE OF THAT PARAGRAPH , PERMISSION TO PUBLISH MAY BE REFUSED ONLY WHERE THE PROPOSED PUBLICATION ' ' IS LIABLE TO PREJUDICE THE INTERESTS OF THE COMMUNITIES . ' ' IN THEIR OPINION , CONSIDERATION OF THOSE INTERESTS MAY INVOLVE QUESTIONS SUCH AS SECRECY OR SECURITY , MAY NOT EXTEND TO CONTROL OF THE QUALITY OF A DOCUMENT ; IN PARTICULAR THE ALLEGED MEDIOCRITY OF A DOCUMENT CANNOT ADVERSELY AFFECT THE INTERESTS OF THE COMMUNITIES . IT WAS ALL THE MORE UNJUSTIFIED TO REFUSE PUBLICATION OF A PAPER OF HIGH SCIENTIFIC QUALITY SUCH AS THAT OF THE APPLICANTS .
15 THE COMMISSION OBSERVES THAT THE APPLICANTS DID NOT FOLLOW THE NORMAL PROCEDURE FOR SUBMITTING A REQUEST FOR PERMISSION TO PUBLISH AND DID NOT OBSERVE THE PRECISE AND EXPRESS PROVISIONS OF INTERNAL MEMORANDUM NO 13/79 . THE REQUEST FOR PERMISSION , ON THE APPROPRIATE FORM , WAS NOT SUBMITTED UNTIL A MONTH AND A HALF AFTER THE PAPER AT ISSUE HAD BEEN FORWARDED TO THE CONFERENCE ORGANIZERS IN CAIRO . THAT ATTEMPT TO CONFRONT THE APPLICANT ' S SUPERIORS WITH A FAIT ACCOMPLI IS IN FLAGRANT BREACH OF ARTICLE 17 OF THE STAFF REGULATIONS AND IS