WORK OF OTHER TRANSLATORS AND IN HIS NEW POSITION HE HAS THE OPPORTUNITY , OWING TO THE NATURE OF HIS WORK AND THE RESPONSIBILITIES ATTACHED TO IT , OF QUALIFYING FOR PROMOTION IN THE FUTURE , SO THAT HIS PROSPECTS HAVE NOT BEEN COMPROMISED BY HIS REASSIGNMENT . THE MERE FACT THAT HIS DUTIES IN HIS NEW POST ARE NOT THE SAME AS THOSE HE PERFORMED PREVIOUSLY IS NOT SUFFICIENT TO JUSTIFY THE CONCLUSION THAT HIS INTERESTS HAVE BEEN PREJUDICED PROVIDED THAT HE WAS REINSTATED , AS IN THIS CASE , IN THE SAME GRADE AS BEFORE AND IN DUTIES CORRESPONDING TO THAT GRADE .
12 CONSEQUENTLY , THE APPLICANT ' S COMPLAINTS ARE NOT WELL-FOUNDED AND THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
13 ARTICLE 70 OF THE RULES OF PROCEDURE PROVIDES THAT IN ACTIONS BROUGHT BY OFFICIALS THE COSTS INCURRED BY THE INSTITUTIONS MUST BE PAID BY THEM . ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS ; ARTICLE 69 ( 3 ) PROVIDES , HOWEVER , THAT THE COURT MAY ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART WHERE THE CIRCUMSTANCES ARE EXCEPTIONAL . IN THIS CASE THE COMMISSION ' S CONDUCT IN ALLOWING THE IMPRESSION TO BE GIVEN THAT NO DECISION HAD BEEN TAKEN ON THE SUBSTANCE OF THE REQUEST FOR PROMOTION BECAUSE IT COULD NOT BE TAKEN INTO CONSIDERATION , AND IN INDICATING ONLY IN THE REJOINDER THAT A FORMAL DECISION GIVING THE POST TO ANOTHER CANDIDATE HAD BEEN ADOPTED AFTER A COMPARATIVE EXAMINATION OF THE CANDIDATES ' MERITS , INFLUENCED THE WAY IN WHICH THE APPLICANT FORMULATED HIS APPLICATION AND INDUCED HIM TO MAKE SUBMISSIONS ON WHICH HE WOULD NOT HAVE RELIED HAD HE KNOWN THAT HIS REQUEST HAD BEEN DULY CONSIDERED . IT THEREFORE APPEARS EQUITABLE , IN VIEW OF THE EXTRA COSTS INCURRED AS A RESULT BY THE APPLICANT , TO ORDER THE COMMISSION TO PAY ONE HALF OF THE APPLICANT ' S COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
( 1 ) DISMISSES THE APPLICATION .
( 2)ORDERS THE COMMISSION TO PAY ONE HALF OF THE APPLICANT ' S COSTS IN ADDITION TO ITS OWN .