ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
ADMISSIBILITY
11 THE EUROPEAN PARLIAMENT PLEADS PRIMARILY THAT THE APPLICATION IS INADMISSIBLE ON THE GROUND THAT IT IS WITHOUT PURPOSE OR, AT LEAST, PREMATURE . IT ACKNOWLEDGES THAT WHEN THE APPLICATION WAS LODGED THE APPLICANT WAS JUSTIFIED IN CONSIDERING THAT THERE HAD BEEN AN IMPLIED REJECTION OF HIS COMPLAINT OF 18 JUNE 1985 SINCE HE HAD RECEIVED NO REPLY WITHIN THE PERIOD PRESCRIBED IN THE STAFF REGULATIONS, WHICH EXPIRED ON 18 OCTOBER 1985 . IT NEVERTHELESS CONSIDERS THAT ITS REPLY OF 16 DECEMBER 1985, WHICH CONSTITUTED THE EXPRESS DECISION ADOPTED BY THE ADMINISTRATION ON THE APPLICANT' S COMPLAINT, GAVE HIM SATISFACTION SINCE IT INITIATED THE PROCEDURE FOR THE RECONSIDERATION OF HIS CASE . UNTIL THE ADMINISTRATIVE PROCEDURE HAD BEEN COMPLETED, HE SHOULD THEREFORE HAVE REGARDED AN APPLICATION TO THE COURT AS HAVING NO PURPOSE OR, AT LEAST, AS PREMATURE .
12 IN THAT CONNECTION IT MUST BE POINTED OUT THAT THE REPLY IN QUESTION MERELY STATED THAT CERTAIN STEPS WERE TO BE TAKEN IN ORDER TO RECONSIDER THE APPLICANT' S CASE AND IT THEREFORE DID NOT ACCEDE TO THE REQUEST MADE BY THE APPLICANT IN HIS COMPLAINT FOR HIS PROMOTION WITH EFFECT FROM 1 OCTOBER 1984 . THAT BEING SO, IT CANNOT BE HELD THAT THE APPLICATION WAS WITHOUT PURPOSE OR PREMATURE .
13 CONSEQUENTLY, THE OBJECTION OF INADMISSIBILITY MUST BE DISMISSED .
SUBSTANCE
INFRINGEMENT OF ARTICLE 45 OF THE STAFF REGULATIONS
14 THE APPLICANT CLAIMS THAT ARTICLE 45 OF THE STAFF REGULATIONS WAS INFRINGED SINCE HIS PERIODIC REPORT HAD NOT BEEN DRAWN UP WHEREAS REPORTS HAD BEEN DRAWN UP ON THE CANDIDATES WHO WERE ACTUALLY PROMOTED . IN HIS VIEW, THE APPOINTING AUTHORITY THEREFORE COULD NOT HAVE TAKEN ACCOUNT OF ALL THE CRITERIA PRESCRIBED BY THAT PROVISION, IN PARTICULAR THE OBLIGATION TO CONSIDER THE COMPARATIVE MERITS OF THE OFFICIALS ELIGIBLE FOR PROMOTION .
15 ARTICLE 45 OF THE STAFF REGULATIONS PROVIDES THAT PROMOTION "SHALL BE EXCLUSIVELY BY SELECTION FROM AMONG OFFICIALS WHO HAVE COMPLETED A MINIMUM PERIOD IN THEIR GRADE, AFTER CONSIDERATION OF THE COMPARATIVE MERITS OF THE OFFICIALS ELIGIBLE FOR PROMOTION AND OF THE REPORTS ON THEM ". THE REPORTS IN QUESTION ARE DRAWN UP IN ACCORDANCE WITH ARTICLE 43 OF THE STAFF REGULATIONS .
16 THE COURT HAS STATED ON MORE THAN ONE OCCASION, IN PARTICULAR IN ITS JUDGMENT OF 27 JANUARY 1983 IN CASE 263/81 LIST V COMMISSION (( 1983 )) ECR 103, THAT THE PERIODIC REPORT "CONSTITUTES AN INDISPENSABLE CRITERION OF ASSESSMENT EACH TIME THE OFFICIAL' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION" AND THAT A PROMOTION PROCEDURE IS "TAINTED WITH IRREGULARITY IN SO FAR AS THE APPOINTING AUTHORITY HAS NOT BEEN ABLE TO CONSIDER THE COMPARATIVE MERITS OF THE CANDIDATES BECAUSE THERE HAS BEEN A SUBSTANTIAL DELAY ON THE PART OF THE ADMINISTRATION IN DRAWING UP THE PERIODIC REPORTS OF ONE OR MORE OF THEM ".
17 IT SHOULD, HOWEVER, BE EMPHASIZED THAT THAT DOES NOT MEAN THAT