IN THIS REGARD , AS IS CLEAR FROM THE FOREGOING EXPLANATIONS , THAT THE INADEQUATE ABILITY AND EFFICIENCY OF THE APPLICANT REFERRED TO IN THE END-OF-PROBATION REPORT OF 21 MARCH 1984 WERE SUFFICIENT TO JUSTIFY NOT ETABLISHING HIM AT THE END OF THE PROBATIONARY PERIOD LAID DOWN IN THE STAFF REGULATIONS . THE DECISION , TAKEN WITH HIS CONSENT , TO EXTEND HIS PROBATIONARY PERIOD IN DEROGATION FROM ARTICLE 34 ( 1 ) OF THE STAFF REGULATIONS WAS THEREFORE TAKEN IN HIS INTERESTS IN ORDER TO GIVE HIM A FURTHER OPPORTUNITY TO SHOW THAT HE POSSESSED PROFESSIONAL ABILITIES WHICH HE HAD NOT SATISFACTORILY DEMONSTRATED DURING THE PROBATIONARY PERIOD .
24 IN THOSE CIRCUMSTANCES , THE APPLICANT MAY NOT PLEAD THAT THE DECISION IN QUESTION SHOULD NOT HAVE BEEN ADOPTED , SINCE THE DECISION GAVE HIM AN ADVANTAGE WHICH HE FREELY ACCEPTED . THE SUBMISSION THAT ARTICLE 34 ( 1 ) OF THE STAFF REGULATIONS WAS INFRINGED MUST THEREFORE BE REJECTED AS WELL .
25 FOR THOSE REASONS , THE FIRST HEAD OF CLAIM MUST BE DISMISSED .
THE CLAIM FOR THE AMENDMENT OF THE STATEMENT OF REASONS ON WHICH THE DECISION TO DISMISS THE APPLICANT IS BASED
26 SINCE THE MAIN CLAIM FOR THE ANNULMENT OF THE CONTESTED MEASURES CANNOT BE UPHELD , IT IS NECESSARY TO EXAMINE THE SUBSIDIARY CLAIM THAT THE STATEMENT OF REASONS FOR THOSE MEASURES SHOULD BE AMENDED SO THAT THEY ARE NOT DEFAMATORY . THE APPLICANT IS IN EFFECT SEEKING AN ORDER PROHIBITING THE COMMISSION FROM STATING THAT HE LACKS THE PROFESSIONAL ABILITIES REQUIRED IN ORDER TO BE ESTABLISHED .
27 IT MUST BE POINTED OUT IN THIS REGARD THAT ANY DECISION NOT TO ESTABLISH AN OFFICIAL AT THE END OF HIS PROBATIONARY PERIOD NECESSARILY INVOLVES MAKING ASSESSMENTS THAT DISCLOSE A LACK OF THE QUALITIES REQUIRED FOR THE DUTIES IN QUESTION . THE INSTITUTION CANNOT THEREFORE BE PROHIBITED FROM INCLUDING SUCH ASSESSMENTS IN THE STATEMENT OF REASONS ON WHICH SUCH A DECISION IS BASED .
28 THIS HEAD OF CLAIM MUST THEREFORE ALSO BE DISMISSED .
THE CLAIM FOR DAMAGES
29 AS REGARDS THE CLAIM FOR COMPENSATION FOR MATERIAL AND NON-MATERIAL DAMAGE , THE APPLICANT CONTENDS THAT THE ADMINISTRATION ' S ASSESSMENTS OF HIS PROFESSIONAL ABILITIES MAY INJURE HIS REPUTATION AND THAT THE DELAY IN DEFINING HIS POSITION DUE TO THE EXTENSION OF HIS PROBATIONARY PERIOD LEFT HIM IN A POSITION OF UNCERTAINTY WHICH PREVENTED HIM FROM FINDING OTHER EMPLOYMENT .
30 IN THIS REGARD IT NEED ONLY BE POINTED OUT THAT THE APPLICANT HAS NOT SUCCEEDED IN SHOWING THAT THE COMMISSION ' S DECISIONS WHICH MAY BE PREJUDICIAL TO HIM , IN PARTICULAR THE DECISION OF 18 APRIL 1984 EXTENDING HIS PROBATIONARY PERIOD AND THE DECISION OF 19 JULY 1984 TO DISMISS HIM , ARE VITIATED BY ILLEGALITY OF THE KIND ON WHICH HE MIGHT RELY TO HIS ADVANTAGE .
31 CONSEQUENTLY , THIS HEAD OF CLAIM MUST ALSO BE DISMISSED .
Decision on costs
COSTS
32 ARTICLE 69 ( 2 ) OF THE