( IV)INFRINGEMENT OF ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS AND OF THE PRINCIPLE OF NON-DISCRIMINATION , BECAUSE THE FAILURE TO ASSIGN HIM TO A POST CORRESPONDING TO HIS CATEGORY AND GRADE MADE IT IMPOSSIBLE FOR HIM TO UNDERTAKE RESPONSIBILITIES WHICH ALLOWED HIS MERITS TO BE COMPARED WITH THOSE OF OTHER OFFICIALS FOR THE PURPOSES OF PROMOTION .
SUBMISSIONS ON THE INFRINGEMENT OF ARTICLES 5 AND 7 OF THE STAFF REGULATIONS
20 THE APPLICANT DOES NOT DENY THE NEED TO FIND A NEW CAREER OPENING FOR HIM , FOLLOWING THE RESTRUCTURING AND COMPUTERIZATION OF THE PUBLICATIONS OFFICE , BUT HE COMPLAINS THAT THE COMMISSION DID NOT FIND HIM A POST IN HIS CATEGORY CORRESPONDING TO HIS GRADE AND TRAINING .
21 THE APPLICANT ALSO CLAIMS THAT THE POSTS TO WHICH HE WAS SUBSEQUENTLY ASSIGNED DID NOT REQUIRE HIM TO CARRY OUT ANY ACTUAL WORK . THE TRANSLATION WORK WHICH HE WAS REQUIRED TO CARRY OUT IN DIRECTORATE-GENERAL IX OCCUPIED HIM FOR BARELY ONE HOUR PER DAY . THUS THE COMMISSION INFRINGED THE GENERAL PRINCIPLE OF THE RIGHT TO WORK .
22 THE COMMISSION CONTENDS THAT THE APPLICANT WAS AWARE THAT IT WAS NO LONGER POSSIBLE FOR HIS CAREER TO DEVELOP IN THE NORMAL WAY IN THE PUBLICATIONS OFFICE AND WILLINGLY ACCEPTED THE VARIOUS POSTS IN OTHER DEPARTMENTS TO WHICH HE WAS PROVISIONALLY ASSIGNED , WITH A VIEW TO FINDING A PERMANENT POSITION FOR HIM IN ANOTHER DEPARTMENT OR SERVICE . BECAUSE OF HIS LINGUISTIC ABILITY , HE WAS PARTICULARLY SUITED TO A CAREER IN THE LANGUAGE SERVICE . AFTER LEAVING THE PUBLICATIONS OFFICE HE HAD ALWAYS BEEN ASSIGNED TO WORK CORRESPONDING TO HIS TRAINING AND ESPECIALLY HIS ABILITIES . THE COMMISSION HAD SATISFIED ITS OBLIGATIONS BY INFORMING THE APPLICANT OF THE VARIOUS CAREER OPENINGS AVAILABLE TO HIM AND FACILITATING A TRANSFER , IF NECESSARY . ALTHOUGH NO SOLUTION HAS YET BEEN FOUND , THE COMMISSION CONSIDERS THAT THAT IS BECAUSE OF THE APPLICANT ' S REFUSAL TO COOPERATE AND MAKE THE NECESSARY EFFORT AND ENDEAVOURS HIMSELF .
23 ACCORDING TO THE COMMISSION , AN OFFICIAL IS NOT ENTITLED TO A PARTICULAR POST AND MAY BE ASSIGNED TO ANY POST IN HIS CATEGORY WHICH IS CONSIDERED SUITABLE BY THE APPOINTING AUTHORITY IN THE INTERESTS OF THE SERVICE . THE COMMISSION IS NOT BOUND TO ACHIEVE ANY PARTICULAR RESULT AND FULFILLED ITS OBLIGATIONS BY MAKING EVERY EFFORT TO ENABLE THE APPLICANT TO APPLY FOR A POST WHICH WAS APPROPRIATE TO HIS TRAINING AND KNOWLEDGE .
24 ALTHOUGH THE COURT ACCEPTED IN ITS JUDGMENT OF 21 MAY 1981 IN CASE 60/80 ( KINDERMAN V COMMISSION ( 1981 ) ECR 1329 ) THAT ARTICLE 7 OF THE STAFF REGULATIONS CONFERS UPON THE APPOINTING AUTHORITY A VERY WIDE DISCRETION IN THE ASSIGNMENT OF AN OFFICIAL , IN THE INTERESTS OF THE SERVICE , TO A POST IN HIS CATEGORY OR SERVICE CORRESPONDING TO HIS GRADE , IT HAS NEVERTHELESS RECOGNIZED , IN ITS JUDGMENT OF 22 OCTOBER 1981 IN CASE 218/80 ( KRUSE V