IT WAS MAINTAINED, THE DECISION WAS A DISCIPLINARY MEASURE RATHER THAN A TEMPORARY SUSPENSION PENDING THE OUTCOME OF THE INQUIRY .
33 THE ARGUMENT ADVANCED BY THE COMMISSION TO JUSTIFY PROHIBITING THE APPLICANT FROM CONTINUING HIS WORK, VIZ . THAT THE WORK WAS NOT COVERED BY THE PROGRAMME OF THE JOINT RESEARCH CENTRE, DOES NOT EXPLAIN WHY, IN THAT CASE, THE ANNUAL JOB-SHEET REFERRING TO THE APPLICANT'S WORK PROVIDED FOR HIM TO DO THIS WORK DURING THE WHOLE OF 1971, AS HE HAD DONE DURING THE PREVIOUS YEAR .
34 IN VIEW OF THESE CONSIDERATIONS, THE COMMISSION'S DECISION ON THIS POINT MUST BE ANNULLED .
ON THE FOURTH HEAD OF CLAIM
35 THE APPLICANT ASKS THAT THE DEFENDANT BE ORDERED TO PAY HIM THE SUM OF FB 100 000 AS COMPENSATION FOR MATERIAL AND NON-MATERIAL DAMAGE RESULTING FROM THE REFUSAL TO ENSURE WITHDRAWAL IN WRITING OF THE ACCUSATIONS MADE BY HIS SUPERIOR AND FROM THE REFUSAL TO RECOGNIZE THE VALIDITY OF THE RESULTS HE HAD OBTAINED FROM HIS EXPERIMENTS .
36 PENDING THE OUTCOME OF THE ACTION WHICH MUST BE TAKEN BY THE COMMISSION, THE COURT CANNOT AT THIS TIME TAKE A DECISION ON THIS HEAD OF CLAIM .
ON THE FIFTH HEAD OF CLAIM
37 IN ADDITION, THE APPLICANT IS ASKING FOR FB 100 000 FOR MATERIAL AND NON-MATERIAL DAMAGE RESULTING FROM THE COMMISSION'S EXPRESS REJECTION OF THE APPLICANT'S REQUEST TO BE ALLOWED TO RECOMMENCE HIS WORK AND EXPERIMENTS .
38 IT IS CLEAR THAT THE APPLICANT HAS NOT SUFFERED ANY MATERIAL DAMAGE AS A RESULT OF REFUSAL OF AUTHORITY TO RECOMMENCE HIS WORK AND EXPERIMENTS .
39 ANNULMENT OF THIS REFUSAL IS SUFFICIENT COMPENSATION FOR ALL NON-MATERIAL DAMAGE HE HAS SUSTAINED .
Decision on costs
40 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY COSTS .
41 THE COMMISSION HAS FAILED AS REGARDS THE SUBSTANCE OF ITS PLEAS AND MUST ACCORDINGLY BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . ANNULS THE REJECTION BY THE COMMISSION OF THE APPLICANT'S REQUEST OF 3 JANUARY 1972 THAT THE COMMISSION SHOULD INSTITUTE AN INQUIRY INTO THE ACCUSATIONS OF DISHONESTY MADE AGAINST HIM BY HIS SUPERIOR;
2 . ANNULS THE EXPRESS REJECTION BY THE COMMISSION OF THE APPLICANT'S REQUEST OF 3 JANUARY 1972 TO BE ALLOWED TO RECOMMENCE HIS WORK AND EXPERIMENTS PURSUANT TO JOB-SHEET III-4-01/1971;
3 . DISMISSES, IN SO FAR AS THE PRESENT PROCEEDINGS ARE CONCERNED, THE FOURTH HEAD OF CLAIM;
4 . DISMISSES THE FIFTH HEAD OF CLAIM;
5 . ORDERS THE DEFENDANT TO PAY THE COSTS .