OCTOBER 1981 COMPULSORILY ASSIGNING HER TO DIVISION IX-A-6 , SICKNESS INSURANCE AND BUILDING LOANS , AND FOR THE PAYMENT OF THE SUM OF BFR 250 000 AS COMPENSATION FOR THE NON-MATERIAL DAMAGE SUFFERED AS A RESULT OF THE CONTESTED DECISION .
2 IN SUPPORT OF HER ACTION DR TURNER PUTS FORWARD THREE SUBMISSIONS , NAMELY DISREGARD OF A JUDICIAL DECISION , TO BE EQUATED WITH A BREACH OF THE LAW , INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS AND MISUSE OF POWERS .
3 AS REGARDS THE FIRST SUBMISSION DR TURNER CONSIDERS THAT THE CONTESTED DECISION DISREGARDED THE JUDGMENT OF 9 JULY 1981 ( JOINED CASES 59 AND 129/80 TURNER V COMMISSION ( 1981 ) ECR 1883 ) IN WHICH THE COURT ANNULLED THE DECISION OF THE DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION OF THE COMMISSION OF 4 MAY 1979 , ASSIGNING THE APPLICANT TO A DIFFERENT POST AS PART OF THE REORGANIZATION OF THE MEDICAL BRANCH , AND THE DECISION OF THE COMMISSION OF 20 MAY 1980 COMPULSORILY TRANSFERRING THE APPLICANT TO A POST IN DIRECTORATE GENERAL XII ( RESEARCH , SCIENCE AND EDUCATION ). FOLLOWING THE ANNULMENT OF THOSE DECISIONS THE APPLICANT WAS TO BE REGARDED FROM THE LEGAL POINT OF VIEW AS HAVING BEEN REASSIGNED TO THE DUTIES WHICH SHE PERFORMED PRIOR TO 4 MAY 1979 , THAT IS TO SAY THE DUTIES OF PREVENTIVE MEDICINE PERFORMED AS PART OF THE MEDICAL DEPARTMENT .
4 DR TURNER COMPLAINS FIRST OF ALL THAT FROM 9 JULY TO 20 OCTOBER 1981 THE COMMISSION TOOK NO STEP TO COMPLY WITH THE JUDGMENT OF THE COURT BY RE-ASSIGNING THE APPLICANT TO HER PREVIOUS DUTIES AND MAINTAINS THAT THAT CONSTITUTES PATENT DISREGARD OF THE RETROACTIVE EFFECT OF THE JUDGMENT .
5 IN THAT RESPECT IT MUST BE OBSERVED THAT IT IS NOT NORMALLY POSSIBLE TO COMPLY IMMEDIATELY WITH A JUDGMENT ANNULLING A MEASURE , SINCE IT REQUIRES THE ADOPTION OF A NUMBER OF ADMINISTRATIVE MEASURES . THE SECOND PARAGRAPH OF ARTICLE 34 OF THE ECSC TREATY HAS TAKEN ACCOUNT OF THOSE CIRCUMSTANCES BY EXPRESSLY ALLOWING THE HIGH AUTHORITY ' ' A REASONABLE TIME ' ' TO TAKE ' ' THE NECESSARY STEPS TO COMPLY WITH THE JUDGMENT ' ' . THE REASONS BEHIND THE SECOND PARAGRAPH OF ARTICLE 34 OF THE ECSC TREATY CONSTITUTE GROUNDS FOR ACCEPTING THAT THE COMMISSION ALSO HAS A ' ' REASONABLE TIME ' ' TO COMPLY WITH A JUDGMENT ANNULLING A DECISION TAKEN UNDER THE EEC TREATY EVEN IN THE ABSENCE OF AN EXPRESS PROVISION IN THE TREATY WITH REGARD THERETO .
6 IN THIS CASE , IN VIEW OF THE NATURE OF THE MEASURES TO BE TAKEN AND OTHER RELEVANT CIRCUMSTANCES SUCH AS THE SUMMER HOLIDAYS , THE ANNUAL LEAVE TAKEN BY THE APPLICANT FROM 1 TO 20 SEPTEMBER 1981 AND HER ABSENCES BY REASON OF SICKNESS DURING JULY AND AUGUST 1981 , THE PERIOD OF A LITTLE MORE THAN THREE MONTHS WHICH ELAPSED BETWEEN THE DELIVERY OF THE JUDGMENT AND THE DECISION MAKING A FRESH ASSIGNMENT CANNOT