1 . AS TO THE ADMISSIBILITY OF THE APPLICATION AND OF CERTAIN PLEADINGS ( A ) THE ADMISSIBILITY OF THE APPLICATION AS SUCH IS NOT CHALLENGED AND THERE IS NO REASON FOR THE COURT TO RAISE THE MATTER OF ITS OWN MOTION . ( B ) HOWEVER, THE PARTIES TO THE PRESENT DISPUTE HAVE, ON OCCASIONS, REFERRED TO THE RESPECTIVE PLEADINGS OF THE PARTIES IN ANOTHER CASE, REGISTERED UNDER THE NUMBER 68/63 . TO CONDUCT A CASE IN THIS WAY MAKES IT IMPOSSIBLE FOR THE COURT TO CHECK THE EXACT CONTENT AND SIGNIFICANCE OF THE SUBMISSIONS AND ARGUMENTS PUT FORWARD ON EACH SIDE . THEREFORE ONLY THE SUBMISSIONS AND ARGUMENTS WHICH DO NOT CONTAIN SUCH REFERENCES MAY BE TAKEN INTO CONSIDERATION . P.547 ( C ) THE APPLICANT REQUESTS THAT THE FILE OF CORRESPONDENCE EXCHANGED BETWEEN HIS FORMER EMPLOYER AND HIS HEAD OF DEPARTMENT AT ISPRA BE WITHDRAWN . THIS FILE WAS PRODUCED BY THE DEFENDANT IN ORDER TO DEMONSTRATE THE CORRECTNESS OF ITS ASSESSMENT OF THE APPLICANT . THE APPLICANT ALSO REQUESTS THAT THE PASSAGES IN THE DEFENDANT'S STATEMENT OF DEFENCE RELATING TO THE SAID CORRESPONDENCE BE STRUCT OUT . FINALLY, HE ASKS THE COURT TO FIND THAT THE COPY OF THE LETTER ADDRESSED BY HIS HEAD OF DEPARTMENT TO HIS FORMER EMPLOYER, AND PRODUCED BY THE DEFENDANT, IS NOT IN CONFORMITY WITH THE ORIGINAL . THE OTHER DOCUMENTS ON THE FILE ARE SUFFICIENT FOR A JUDGMENT TO BE GIVEN IN THIS CASE AS WILL APPEAR FROM THE GROUNDS HEREINAFTER SET OUT . IN THESE CIRCUMSTANCES, THE APPLICANT'S REQUEST IS WITHOUT OBJECT . ( D ) THE DEFENDANT CONTENDS THAT THE COURT SHOULD ORDER THE EXCLUSION FROM THE ORAL PROCEEDINGS OF CERTAIN PAPERS DESCRIBED BY THE APPLICANT AS ' GEDAECHTNISPROTOKOLLE ' (' NOTES FOR REFRESHING THE MEMORY '), AND TAKING THE FORM OF NOTES WHICH THE APPLICANT HAD DRAFTED AT THE TIME FOR HIS OWN PERSONAL USE . THE APPLICANT HAS STATED THAT HE DOES NOT INTEND TO TREAT THESE NOTES, WHICH WERE DRAFTED BY HIMSELF ALONE, AS EVIDENCE . IN THESE CIRCUMSTANCES, THERE IS NOTHING TO PREVENT THE PRODUCTION OF THE NOTES BY WAY OF FACTUAL ARGUMENT, SUBJECT TO THE COURT'S EXAMINATION IN THE SAME WAY AS ANY OTHER ARGUMENT PUT FORWARD BY A PARTY . IT FOLLOWS FROM ALL THESE CONSIDERATIONS THAT THE APPLICATION IS ADMISSIBLE, SUBJECT TO THE RESERVATIONS INDICATED ABOVE .
2 . THE APPLICANT COMPLAINS THAT HE WAS NOT CLASSIFIED IN A HIGHER GRADE WHEN THE PROBATIONARY PERIOD CAME TO AN END, AND HE REFERS IN A GENERAL WAY TO THE ' RESPONSIBILITY OF HIS SUPERIORS ' FOR THE ' NON-FUNCTIONING ' OF THE DEPARTMENT AT ISPRA . AS TO THE FIRST POINT, THE GRADING OF THE APPLICANT WAS IN ACCORDANCE WITH THE TERMS OF HIS CONTRACT OF EMPLOYMENT . AS TO THE SECOND POINT, THE ABOVEMENTIONED ALLEGATIONS IN FACT TEND TO ATTRIBUTE HIS DISMISSAL TO FACTORS FOR WHICH HE HAD NO RESPONSIBILITY . THIS ARGUMENT IS REFUTED BY THE CONSIDERATIONS SET OUT ABOVE DURING THE EXAMINATION OF THE SECOND SUBMISSION . IT FOLLOWS FROM WHAT HAS BEEN SAID ABOVE THAT THE ALTERNATIVE CLAIM FOR DAMAGES MUST BE DISMISSED . P.559 C - REMOVAL EXPENSES FROM PLACE OF ORIGIN TO PLACE OF EMPLOYMENT AND INSTALLATION ALLOWANCE THE APPLICANT CHALLENGES THE LEGALITY OF THE DECISION TAKEN BY THE DEFENDANT ON 18 APRIL 1963 REFUSING TO REIMBURSE THE APPLICANT'S REMOVAL EXPENSES AND TO PAY HIM THE INSTALLATION ALLOWANCE . THE APPLICANT IS WRONG IN THINKING THAT THESE ALLOWANCES WERE GOVERNED, AS FAR AS HE WAS CONCERNED, EITHER BY THE STAFF REGULATIONS OF OFFICIALS OF THE EEC AND EAEC, OR BY THE FORMER STAFF REGULATIONS OF OFFICIALS OF THE ECSC . IN FACT THE FIRST OF THESE REGULATIONS DOES NOT APPLY TO SERVANTS RECRUITED UNDER THE SO - CALLED BRUSSELS FORM OF CONTRACT, IN THE ABSENCE OF EXPRESS PROVISIONS TO THE CONTRARY . THE APPLICATION BY ANALOGY OF THE SECOND OF THE SAID REGULATIONS TO THESE SERVANTS WAS EXCLUDED TO THE EXTENT THAT THEIR POSITION WAS GOVERNED BY THEIR CONTRACT OR BY GENERAL CIRCULARS DRAWN UP BY THE INSTITUTION . THE APPLICANT'S CONTRACT CONTAINED NO REFERENCE TO THE QUESTIONS AT ISSUE, BUT THOSE QUESTIONS WERE NEVERTHELESS COVERED BY CIRCULAR NO 50, ISSUED BY THE DEFENDANT ON 24 FEBRUARY 1959 . THEREFORE IT IS ON THE BASIS OF THIS CIRCULAR THAT THE PRESENT GROUND OF COMPLAINT MUST BE CONSIDERED . ACCORDING TO THE SAID CIRCULAR, THE RIGHT OF A SERVANT TO THE ALLOWANCES IN DISPUTE IS SUBJECT, IN PARTICULAR, TO A FAVOURABLE REPORT ON THE ABILITIES OF THE SERVANT MADE BY THE HEAD OF DEPARTMENT . IN THIS CASE THERE IS DISAGREEMENT BETWEEN THE PARTIES AS TO WHETHER THAT CONDITION WAS FULFILLED . THE APPLICANT HOLDS A COPY OF THE REQUEST FOR AUTHORIZATION WHICH HE HAD PRESENTED TO MR MARCHETTI; THIS COPY BEARS MR MARCHETTI'S SIGNATURE, AND THE REFERENCE TO THE APPLICANT'S ABILITIES IS NOT DELETED . ON THE OTHER HAND, THAT SENTENCE WAS CROSSED OUT ON THE ORIGINAL COPY OF THE SAID REQUEST, WHICH ALSO BEARS MR MARCHETTI'S SIGNATURE, AND IN ADDITION THE WORD ' REFUSED ' SIGNED BY THE ASSISTANT DIRECTOR OF THE CENTRE, MR MERCEREAU . THE HEAD OF DEPARTMENT DID NOT HAVE THE AUTHORITY TO TAKE A DECISION HIMSELF ON THE REQUEST IN DISPUTE . THEREFORE THE ' OPINION ' WHICH HE WAS CALLED UPON TO FORM WAS NOT A DECISION, AND COULD BE ALTERED AS LONG AS THE DECISION HAD NOT BEEN TAKEN . P.560 FURTHERMORE, ACCORDING TO CIRCULAR NO 50, THE COMPETENT AUTHORITY WAS NOT BOUND BY A FAVOURABLE OPINION OF THE HEAD OF DEPARTMENT . THUS THE REFUSAL GIVEN BY MR MERCEREAU, AS WELL AS THE DECISION IN DISPUTE WHICH CONFIRMED IT, DO NOT IN ANY WAY INFRINGE THE PROVISIONS IN CIRCULAR NO 50 . THE APPLICANT IS WRONG IN RAISING THE POINT THAT PRIOR TO THE ABOVEMENTIONED REFUSAL THE PERSONNEL DEPARTMENT HAS APPROVED THE ESTIMATE DRAWN UP BY A REMOVAL FIRM . IN FACT SUCH AN APPROVAL IS ONLY CONCERNED WITH THE SUMS WHICH MAY BECOME PAYABLE, AND NOT WITH THE PRINCIPLE OF REIMBURSEMENT . IT FOLLOWS FROM ALL THAT HAS BEEN SAID ABOVE THAT THE PRESENT GROUND OF COMPLAINT IS UNFOUNDED . D - WEIGHTING THE APPLICANT CLAIMS THAT THE DEFENDANT SHOULD BE ORDERED TO PAY HIM THE SUM OF BF 23 428, PAID BY WAY OF ADVANCE IN JANUARY 1963 AND SUBSEQUENTLY DEDUCTED FROM HIS COMPENSATION ON DISMISSAL . ACCORDING TO THE TERMS OF A LETTER FROM THE DIRECTOR-GENERAL OF ADMINISTRATION AND PERSONNEL PRODUCED FOR THE COURT FILE BY THE APPLICANT HIMSELF, ' THE GRANT OF THIS ADVANCE SHALL NOT AFFECT IN ANY WAY THE RESULT OF THE INTEGRATION PROCEDURE '. THIS LETTER ALSO STATES : ' THIS ADVANCE WILL BE BROUGHT INTO ACCOUNT AT A LATER DATE, AND IF THE AMOUNT THEREOF IS MORE THAN THE SUMS TO WHICH YOU ARE ENTITLED, THE EXCESS MAY BE RECOVERED BY DEDUCTION FROM MONIES DUE TO YOU FROM THE COMMISSION UNDER ANY HEAD '. THE APPLICANT HAS NOT DENIED THAT THE ADVANCE WAS PAID TO HIM BY WAY OF WEIGHTING . THE GRANT OF SUCH WEIGHTING IS BASED ON THE PROVISIONS OF THE STAFF REGULATIONS OF THE EEC AND EAEC AND, WHERE RELEVANT, THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THOSE COMMUNITIES - PROVISIONS WHICH HAVE NEVER APPLIED TO THE APPLICANT . FURTHERMORE THE LETTER QUOTED ABOVE PROVES THAT THE DEFENDANT RESERVED THE RIGHT TO RECOVER THE AMOUNT IN DISPUTE IN THE EVENT OF THE BENEFICIARY NOT BEING INTEGRATED UNDER THE STAFF REGULATIONS . IT FOLLOWS THAT THE DEFENDANT ACTED WITHIN ITS RIGHTS IN RETAINING THE ABOVEMENTIONED SUM, AND THAT THEREFORE THE APPLICANT'S CLAIM IS UNFOUNDED . E - OFFERS OF PROOF AS THE COURT IS ALREADY IN POSSESSION OF ALL THE FACTS NEEDED TO DECIDE THE PRESENT CASE, IT DOES NOT APPEAR NECESSARY TO EXAMINE THE VARIOUS OFFERS OF PROOF PUT FORWARD BY THE PARTIES, OTHER THAN THOSE WHICH THE COURT HAS ALREADY DEALT WITH, PARTICULARLY THE APPLICATIONS FOR PREPARATORY ENQUIRIES LODGED BY THE APPLICANT ON 12 JULY 1963 AND 6 NOVEMBER 1964 RESPECTIVELY .