POSITION OF SUPERIOR .
IT IS THEREFORE UNFAIR TO MAKE A SERVANT SUFFER THE INCONVENIENCE OF A HIGHER RANK WITHOUT ALLOWING HIM THE CORRESPONDING ADVANTAGES .
( C ) FINALLY, THE PASSAGES IN THE QUARTERLY REPORT IN QUESTION WHICH GAVE RISE TO THE PRESENT ALLEGATION ARE WORDED AS FOLLOWS : ' A CHROMATOGRAPH...WHICH WILL BE USED IN THE ANALYSIS OF SAMPLES OF POLYPHENYL HAS BEEN DELIVERED...WE WILL UNDERTAKE THE CHROMATOGRAPHIC SEPARATION OF MIXTURES OF TERPHENYL WITH THE AID ( OF THE CHROMATOGRAPH ) '.
P.600
THE USE OF THE FUTURE TENSE DEMONSTRATES THAT THE AUTHORS OF THE REPORT WERE MERELY REFERRING TO WORK WHICH THEY PROPOSED TO UNDERTAKE .
IF MR HANNAERT, THE IMMEDIATE SUPERIOR OF THE SERVANTS CONCERNED, CONSIDERED THAT AS FROM 12 OCTOBER 1962 THE INTENTIONS THUS REVEALED DID NOT CORRESPOND TO THE INSTRUCTIONS PREVIOUSLY GIVEN TO THE SERVANTS, HE HAD THE RIGHT, AND EVEN THE DUTY, TO REPRIMAND THEM AT ONCE INSTEAD OF ALLOWING THE REPORT, WHICH IN ADDITION REFERRED TO HIM AS THE ' SPECIALIST RESPONSIBLE FOR THE WHOLE OF THE RESEARCH ', TO GO THROUGH .
HOWEVER, HE PREFERRED TO WAIT UNTIL 29 OCTOBER 1962 WHEN, WITHOUT PREVIOUSLY INFORMING THE RESEARCH WORKERS IN QUESTION, HE ADDRESSED A NOTE TO THE RESPONSIBLE OFFICIALS AT EURATOM, STATING THAT ' THE CHROMATOGRAPH...ENTRUSTED TO MR LUHLEICH HAS NOT BEEN USED FOR ITS PROPER PURPOSE '.
IT WAS ONLY ON 31 OCTOBER 1962, DURING AN INTERVIEW WHICH SEEMS IN OTHER RESPECTS TO HAVE TAKEN PLACE IN A FRIENDLY ATMOSPHERE, THAT HE INFORMED THE APPLICANT THAT THE REPORT IN DISPUTE HAD MADE A BAD IMPRESSION IN BRUSSELS AND THAT HE HAD HAD DIFFICULTY IN DEFENDING ITS AUTHORS . THIS STATEMENT SHOWS ON THE ONE HAND THAT HE REGARDED HIMSELF AS JUSTIFIED IN COMING TO THEIR DEFENCE BUT ON THE OTHER HAND IS IN SHARP CONTRAST TO HIS NOTE OF 29 OCTOBER .
IT DOES NOT APPEAR THAT MR HANNAERT TOOK ADVANTAGE OF THE INTERVIEW TO GIVE THE APPLICANT AN EXPRESS WARNING .
NOR DOES IT APPEAR THAT ANY OTHER RESPONSIBLE OFFICIAL FROM EURATOM APPROACHED THE APPLICANT AND HIS COLLEAGUES AT THAT TIME IN ORDER TO ASCERTAIN EITHER THAT THE ALLEGED MISUSE DID NOT TAKE PLACE OR TO STOP IT IMMEDIATELY .
ON THE CONTRARY, A TELEPRINTER MESSAGE OF 27 NOVEMBER 1962 FROM THE DIRECTOR-GENERAL FOR RESEARCH ORDERED MR LINDNER, MR HANNAERT'S SUPERIOR, TO DECIDE HOW TO MAKE THE MOST EFFICIENT USE OF THE CHROMATOGRAPH WHILE AVOIDING AS REGARDS THE APPLICANT ' ANY ABRUPTNESS OF MANNER CAPABLE OF BEING INTERPRETED AS A DISCRIMINATORY ACTION '.
IT WAS ONLY ON 24 JANUARY 1963 THAT MR LINDNER GAVE INSTRUCTIONS FOR THE FUTURE USE OF THE CHROMATOGRAPH IN A NOTE, CONTAINING NO REPRIMAND, ADDRESSED TO THE APPLICANT AND THE RESEARCH WORKERS KUHLBOERSCH AND VAN ALMKERK .
THE EQUIVOCAL, HESITANT AND EVEN CONTRADICTORY ATTITUDE REVEALED BY THE ACTIONS AND ATTITUDES OF THE APPLICANT'S SUPERIORS IS INCOMPATIBLE WITH THE FACTS ALLEGED BY THE DEFENDANT WHICH, IF TRUE, WOULD HAVE NECESSITATED IMMEDIATE AND DRASTIC INTERVENTION IN THE INTERESTS