DISREGARDS THE PRINCIPLE OF CARE FOR THE WELFARE OF STAFF CONTAINED IN ARTICLE 24 OF THE STAFF REGULATIONS AND FRUSTRATES THE LEGITIMATE EXPECTATION WHICH MUST CHARACTERIZE RELATIONS BETWEEN THE ADMINISTRATION AND ITS OFFICIALS .
12 IT MUST BE OBSERVED IN THE FIRST PLACE THAT , CONTRARY TO THE APPLICANT ' S STATEMENTS , THE GROUNDS ON WHICH THE CONTESTED DECISION IS BASED DO NOT INCLUDE THE FACT THAT MR GEIST REFUSED ALL POSTS OFFERED TO HIM . ALTHOUGH THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE POINTED OUT THAT THE APPLICANT HAD REFUSED A FIRST POST , HE SUBSEQUENTLY CONFINED HIMSELF TO OBSERVING THAT THE APPLICANT ' S RESERVATIONS AND HIS RETICENT ATTITUDE HAD LED THE DIRECTOR RESPONSIBLE TO WITHDRAW THE OFFER OF A SECOND POST MADE TO HIM . NEITHER THE DOCUMENTS IN THE FILE NOR THE ARGUMENTS BEFORE THE COURT HAVE SHOWN THOSE OBSERVATIONS TO BE WRONG . THE CONTESTED DECISION CANNOT THEREFORE BE REGARDED AS BASED ON SUBSTANTIALLY INCORRECT FACTS AND THE FIRST SUBMISSION MUST THEREFORE BE DISMISSED .
13 IN THE SECOND PLACE IT SHOULD BE RECALLED THAT IN THE JUDGMENT OF 14 JULY 1977 (( 1977 ) ECR 1419 ) THE COURT HELD THAT MR GEIST ' S POSTING TO THE JOINT RESEARCH CENTRE AT ISPRA HAD BEEN DECIDED FOR REASONS WHICH WERE NOT ALIEN TO THE INTERESTS OF THE SERVICE AND THAT THE NEW POST TO WHICH HE WAS APPOINTED WAS BETTER SUITED TO THE EXERCISE OF HIS SKILLS THAN THE PREVIOUS ONE AND DID NOT INVOLVE ANY DOWN-GRADING . IN THE SAME JUDGMENT THE COURT ALSO HELD THAT OFFICIALS OF THE COMMUNITY MUST BE EXPECTED TO BEAR THE DOMESTIC INCONVENIENCES AND FINANCIAL DIFFICULTIES CAUSED THEM BY A TRANSFER .
14 IT IS APPARENT MOREOVER FROM THE DOCUMENTS IN THE FILE THAT ALTHOUGH THE COMMISSION MADE EFFORTS TO TAKE MR GEIST ' S PERSONAL PREFERENCES INTO ACCOUNT AND TO FIND HIM ANOTHER POST , IT NEVER WITHDREW THE DECISION TO TRANSFER HIM TO ISPRA AND NEVER UNDERTOOK TO DISPENSE HIM FROM THE DUTY TO TAKE UP HIS POST UNTIL A NEW TRANSFER MIGHT BECOME POSSIBLE . IT IS ALSO ESTABLISHED THAT FROM JULY 1978 MR GEIST COULD NOT VALIDLY PUT FORWARD ANY MEDICAL REASONS TO JUSTIFY HIS ABSENCE AND THAT THE COMMISSION NEVERTHELESS WAITED UNTIL DECEMBER 1980 BEFORE GIVING HIM FORMAL NOTICE TO RETURN TO HIS POST .
15 IN THOSE CIRCUMSTANCES IT CANNOT BE ACCEPTED THAT IN REQUESTING MR GEIST TO RETURN TO DUTY WITHOUT DELAY THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE DISREGARDED THE PRINCIPLE OF CONCERN FOR THE WELFARE OF OFFICIALS OR HIS LEGITIMATE EXPECTATION AND THE SECOND PART OF THE FIRST SUBMISSION MUST THEREFORE BE DISMISSED .
16 THE CONCLUSIONS DIRECTED AGAINST THE DECISION OF 5 DECEMBER 1980 MUST THEREFORE BE DISMISSED .
17 IN CONSEQUENCE IT IS NECESSARY ALSO TO DISMISS THE CONCLUSIONS DIRECTED AGAINST THE REJECTION OF THE REQUEST OF 22 DECEMBER 1980 FOR PERMISSION TO STAY AWAY FROM ISPRA WHILST HE WAS SICK .
CONCLUSIONS DIRECTED AGAINST THE