OF DIRECTOR OF PERSONNEL OR THAT OF DIRECTOR FOR GENERAL ADMINISTRATION . HE MAINTAINS THAT HIS QUALIFICATIONS FOR THOSE POSTS WERE NOT EXAMINED AND THAT THE DECISIONS REJECTING HIS APPLICATIONS DID NOT STATE THE GROUNDS ON WHICH THEY WERE BASED . SUBSEQUENTLY , AN OFFICIAL IN GRADE A 3 WAS APPOINTED TO THE POST OF DIRECTOR OF PERSONNEL . ACCORDING TO THE APPLICANT , AN OFFICIAL IN GRADE A 2 WHO HAS BEEN RETIRED OUGHT TO BE REASSIGNED TO A POST FOR WHICH HE HAS THE REQUIRED SKILLS IN PREFERENCE TO AN OFFICIAL IN GRADE A 3 . FINALLY , THE APPLICANT CONSIDERS THAT HE SHOULD HAVE BEEN APPOINTED TO THE POST OF DEPUTY DIRECTOR GENERAL IN THE DIRECTORATE GENERAL FOR PERSONNEL AND ADMINISTRATION .
14 IT SHOULD BE NOTED IN THAT CONNECTION THAT THE COMMISSION IS VESTED WITH A WIDE DISCRETIONARY POWER WITH REGARD TO ANY DECISION TO REASSIGN OFFICIALS TO ANOTHER POST IN THE SAME GRADE . THE OFFICIALS WHOM THE COMMISSION HAS DECIDED TO RETIRE DO NOT ENJOY ANY PREFERENCE IN THAT RESPECT OVER THE OTHER OFFICIALS WHO QUALIFY FOR CONSIDERATION . THEY MUST HOWEVER HAVE AN ADEQUATE OPPORTUNITY PROPERLY TO SAFEGUARD THEIR INTERESTS .
15 IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT THAT THE APPLICANT HAD AN OPPORTUNITY TO SUBMIT AN APPLICATION FOR THE POSTS BOTH OF DIRECTOR OF PERSONNEL AND OF DIRECTOR FOR GENERAL ADMINISTRATION . IN BOTH CASES , THE COMMISSION UNDERTOOK A COMPARATIVE EXAMINATION OF THE VARIOUS CANDIDATES AND CHOSE TO APPOINT A PERSON OTHER THAN THE APPLICANT TO THE VACANT POST . THOSE DECISIONS WERE THEREFORE TAKEN IN ACCORDANCE WITH THE APPLICABLE RULES OF THE STAFF REGULATIONS .
16 THEREFORE , THE APPLICANT ' S ALTERNATIVE CLAIM FOR ANNULMENT OF THE DECISION NOT TO ASSIGN HIM TO ANOTHER POST MUST ALSO BE REJECTED .
Decision on costs
COSTS
17 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , AN UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
18 HOWEVER , UNDER ARTICLE 70 OF THE RULES OF PROCEDURE , IN PROCEEDINGS BY SERVANTS OF THE COMMUNITIES INSTITUTIONS MUST BEAR THEIR OWN COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2 . ORDERS THE PARTIES TO PAY THEIR OWN COSTS .