THE VIEW TAKEN BY A DIRECTOR RESPONSIBLE FOR WORKING OUT THE ENTIRE COMMON TRANSPORT POLICY OR THAT OF A DIRECTOR GENERAL FOR TRANSPORT MIGHT DIFFER FROM THAT OF A HEAD OF SPECIALIZED BRANCH FOR REASONS WHICH ARE QUITE OBJECTIVE AND HONOURABLE ' ' . OF THE MEASURE CHANGING MR SETON ' S ADMINISTRATIVE POSITION MR VERHEYDEN SAID IN HIS REPORT THAT ' ' THE UNSATISFACTORY WAY IN WHICH THIS WAS COMMUNICATED TO MR SETON IS NO DOUBT REGRETTABLE ' ' AND HE ADDED THAT ' ' IT IS HOWEVER WRONG TO SAY THAT IT WAS ADOPTED UNEXPECTEDLY OR THAT MR SETON HAD NO OPPORTUNITY TO VOICE HIS VIEWS ON THE MATTER ' ' . THE REPORT ARRIVED AT THE FINDING THAT ' ' THE ABOLITION OF THE SPECIALIZED BRANCH AS AN INDEPENDENT ADMINISTRATIVE UNIT HAD BECOME DESIRABLE FOR THE PROPER OPERATION OF THE SERVICE , TO WHICH THE WELL-BEING OF THE INDIVIDUAL HAD TO TAKE SECOND PLACE ' ' .
31 FOLLOWING THAT REPORT THE COMMISSION REJECTED THE APPLICANT ' S COMPLAINT ON 23 JULY 1981 AND AT THE SAME TIME REPRIMANDED THE APPLICANT ABOUT THE ' ' RASH ' ' MANNER IN WHICH HE HAD MADE THE ACCUSATIONS AGAINST HIS FORMER DIRECTOR .
32 THE APPLICANT LODGED HIS APPLICATION ON 18 FEBRUARY 1981 TOGETHER WITH AN APPLICATION FOR THE ADOPTION OF AN INTERIM ORDER SUSPENDING THE DECISION TO REASSIGN HIM . AFTER FINDING THAT ' ' WITHIN THE NEW DEPARTMENT TO WHICH HE HAS BEEN TRANSFERRED FOLLOWING THE REORGANIZATION OF DIRECTORATE GENERAL VII THE APPLICANT WILL BE ABLE TO CARRY OUT THE DUTIES CORRESPONDING TO HIS GRADE AND THAT NOTHING HAS HAPPENED TO HIM WHICH COULD BE REVERSED WERE HIS APPLICATION TO BE GRANTED ' ' , THE PRESIDENT OF THE SECOND CHAMBER OF THE COURT , BY AN ORDER OF 12 MARCH 1981 (( 1981 ) ECR 813 ), DISMISSED THE APPLICATION FOR AN INTERIM ORDER ON THE GROUND THAT THE MATTER WAS NOT ONE OF URGENCY .
33 IN HIS APPLICATION THE APPLICANT PUTS FORWARD FIVE SUBMISSIONS ALLEGING THAT THE AUTHORITY WHICH ADOPTED THE DECISION TO REASSIGN HIM HAD NO AUTHORITY TO DO SO , THAT HE WAS NOT PROPERLY CONSULTED ON THE PLANNED MEASURE CONCERNING HIM , THAT HIS ADMINISTRATIVE POSITION AND RIGHTS GUARANTEED BY ARTICLES 5 AND 7 OF THE STAFF REGULATIONS WERE INFRINGED , THAT CONTRARY TO ARTICLE 25 OF THE STAFF REGULATIONS A STATEMENT OF REASONS WAS NOT PROVIDED AND THAT THERE HAS BEEN A MISUSE OF POWER .
THE SUBMISSION AS TO LACK OF AUTHORITY
34 THE APPLICANT CONTENDS THAT THE DECISION TO REASSIGN HIM OUGHT TO HAVE BEEN ADOPTED BY THE MEMBER OF THE COMMISSION RESPONSIBLE FOR STAFF MATTERS AND THAT THE DECISION IS IN ANY CASE CONTRARY TO THE PROVISIONS ADOPTED BY THE COMMISSION ON THE DELEGATION OF POWERS .
35 IT IS CLEAR FROM THE FOREGOING THAT THE APPLICANT ' S REASSIGNMENT WITHIN HIS DIRECTORATE GENERAL WAS DECIDED UPON AS PART OF A GENERAL REORGANIZATION MEASURE ADOPTED BY THE