THE REQUIREMENTS OF THE INTERESTS OF THE SERVICE , IT REMAINS FREE TO MAKE COMPULSORY TRANSFERS WHILE , HOWEVER , OBSERVING ALL THE GUARANTEES GIVEN TO THE OFFICIALS IN QUESTION BY THE STAFF REGULATIONS .
15 SECONDLY , IT SHOULD BE NOTED THAT IF THE CONDUCT OF THE COMMISSION PRIOR TO THE ADOPTION OF THE CONTESTED DECISION WAS INDEED OF SUCH A KIND AS TO MISLEAD THE APPLICANT WITH REGARD TO THE LEGAL BASIS OF THE DECISION , NOT MERELY THE TERMS THEREOF BUT ALSO THE REPLY TO HIS COMPLAINT AND THE INFORMATION PRODUCED BY THE COMMISSION DURING THE PROCEEDINGS BEFORE THE COURT ESTABLISH THAT THE APPLICANT ' S REASSIGNMENT WAS A COMPULSORY MEASURE ADOPTED SOLELY ON THE BASIS OF THE STAFF REGULATIONS . CONSEQUENTLY , THE CONTESTED DECISION MUST BE CONSIDERED EXCLUSIVELY IN THE LIGHT OF THE PROVISIONS OF THE STAFF REGULATIONS RELATING TO TRANSFERS INASMUCH AS THOSE PROVISIONS ALSO APPLY TO THE CASE WHERE AN OFFICIAL IS REASSIGNED WITH HIS POST ; THEREFORE THE APPLICANT ' S FIRST SUBMISSION MUST BE REJECTED .
THE ALLEGED INFRINGEMENT OF ARTICLE 7 ( 1 ) OF THE STAFF REGULATIONS
16 THE APPLICANT EMPHASIZES THAT HE WAS RECRUITED ORIGINALLY UNDER ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS ON ACCOUNT OF HIS SPECIALIZED QUALIFICATIONS . CONSEQUENTLY , THE INTERESTS OF THE SERVICE AND RESPECT FOR THE LEGALITY OF THAT EXCEPTIONAL PROCEDURE REQUIRE THAT HE SHOULD REMAIN ASSIGNED TO THE SPECIAL DUTIES WHICH FORMED THE JUSTIFICATION AND BASIS FOR HIS RECRUITMENT AND A PARTICULARLY DETAILED STATEMENT OF REASONS MUST , IN VIEW OF THAT REQUIREMENT , BE GIVEN FOR ANY DECISION TO REASSIGN OR TRANSFER HIM . MOREOVER , THE FACT THAT THE APPLICANT ' S TRANSFER DISRUPTED THE MILK PRODUCTS DIVISION WITHOUT BENEFITING THE DIVISION TO WHICH HE WAS REASSIGNED IS CONTRARY TO THE INTERESTS OF THE SERVICE . IN ADDITION THE INTERESTS OF THE SERVICE SHOULD BE ASSESSED NOT ONLY BY REFERENCE TO INTERNAL ADMINISTRATIVE MANAGEMENT BUT ALSO WITH REGARD TO THE FUNCTIONING OF THE DEPARTMENTS IN THEIR EXTERNAL RELATIONS , WHERE THE APPLICANT ' S MOVE GAVE RISE TO ASTONISHMENT . FINALLY , IN FORCING THE APPLICANT TO PERFORM DUTIES WHICH DID NOT CORRESPOND TO HIS SPECIALIST EXPERTISE THE APPOINTING AUTHORITY FAILED TO TAKE INTO ACCOUNT HIS PERSONAL INTEREST AND THEREBY INFRINGED THE DUTY TO HAVE REGARD FOR HIS WELFARE . THE APPLICANT CONCLUDES THAT THE CONTESTED DECISION WAS NOT ADOPTED SOLELY IN THE INTERESTS OF THE SERVICE AS IS REQUIRED BY ARTICLE 7 OF THE STAFF REGULATIONS AND THAT IT SHOULD THEREFORE BE ANNULLED .
17 IT IS CLEARLY ESTABLISHED IN THE COURT ' S CASE-LAW THAT DECISIONS REASSIGNING OFFICIALS ARE SUBJECT IN THE SAME WAY AS TRANSFERS TO THE PROVISIONS OF ARTICLE 7 ( 1 ) OF THE STAFF REGULATIONS WITH REGARD TO THE PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF THE OFFICIALS CONCERNED INASMUCH AS THE OFFICIALS MAY , IN PARTICULAR , BE REASSIGNED ONLY IN THE INTERESTS OF THE SERVICE AND IN CONFORMITY WITH