45Secondly, as regards the alleged disregard for the principle of legality, it is true that the legality of a decision must be assessed on the basis of the elements of fact and of law available to the institution at the time when it adopted that decision. Bearing in mind the evolving nature of the pre-litigation stage as set out above, it should however be observed that the drawing up of the act laying down the institution’s definitive position comes to an end on the adoption of the response from the AECE to the complaint made by the temporary staff member. It follows that the legality of the definitive act adversely affecting the applicant is assessed in the light of the elements of fact and of law available to the institution on the adoption, whether express or implied, of that response, without prejudice to the possibility, for the institution, under the conditions set out by the case-law, to provide supplementary explanations during the contentious stage. It cannot therefore be considered that the Civil Service Tribunal disregarded the principle of legality.
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