CERTAIN DELAY , THERE IS NO EXCLUSE FOR THE ADMINISTRATION ' S FAILURE TO FIND WORK FOR HIM FOR SUCH A LONG PERIOD . HOWEVER , WHILST IT MUST BE ADMITTED THAT THE APPLICANT HAS SUFFERED FROM AN ABNORMAL ADMINISTRATIVE SITUATION IT CANNOT BE EQUATED WITH A DISCIPLINARY MEASURE . THE APPLICANT HAS BEEN UNABLE TO SHOW THAT THE COMMISSION INTENDED TO PENALIZE HIM IN ANY WAY . SINCE THE CLAIMS FOR ANNULMENT AND FOR DAMAGES ARE LINKED IN THE APPLICANT ' S CONCLUSIONS TO THE EXISTENCE OF A DISGUISED DISCIPLINARY MEASURE , THAT FINDING IS IN ITSELF A SUFFICIENT GROUND FOR THE DISMISSAL OF THE TWO CLAIMS .
THE ASSIGNMENT TO DIRECTORATE GENERAL II
10 THE APPLICANT ALLEGES THAT HIS ASSIGNMENT TO DIRECTORATE GENERAL II HAS INVOLVED DEMOTION IN SO FAR AS THE LEVEL OF HIS DUTIES IS CONCERNED , INASMUCH AS THE WORK ENTRUSTED TO HIM IN HIS NEW POST IS NOT ONLY OF AN INSUFFICIENT QUANTITY BUT ALSO OF A LEVEL LOWER THAN THAT CORRESPONDING TO HIS GRADE AND PREVIOUS POST . THAT ASSIGNMENT THUS CONSTITUTES A MEASURE ADVERSELY AFFECTING HIM , WHICH ACCORDING TO ARTICLE 25 OF THE STAFF REGULATIONS SHOULD HAVE STATED THE REASONS ON WHICH IT WAS BASED AND BEEN NOTIFIED TO HIM IN WRITING . MOREOVER , IT CONSTITUTES AN INFRINGEMENT OF ARTICLES 5 AND 7 OF THE STAFF REGULATIONS , WHEREBY EVERY OFFICIAL MUST BE ASSIGNED TO A POST CORRESPONDING TO HIS GRADE .
11 THE COMMISSION EMPHASIZES THAT THE APPLICANT AGREED TO THE PROPOSED SECONDMENT AFTER HAVING EVERY OPPORTUNITY DURING HIS MEETINGS WITH HIS SUPERIORS TO OBTAIN INFORMATION ABOUT THE DUTIES WHICH AWAITED HIM . MOREOVER , THE ASSIGNMENT DID NOT ADVERSELY AFFECT THE RIGHTS OF THE APPLICANT UNDER THE STAFF REGULATIONS SINCE IT WAS SIMPLY AN INTERNAL ADMINISTRATIVE MEASURE , AS ALL NON-LEGAL TRANSLATORS WORKING AT THE COMMISSION IN BRUSSELS ARE ASSIGNED TO THE DIRECTORATE GENERAL FOR PERSONNEL AND ADMINISTRATION . THEREFORE THE DECISION IN QUESTION CANNOT BE REGARDED AS A MEASURE ADVERSELY AFFECTING THE APPLICANT . SINCE THE APPLICANT AGREED TO PERFORM HIS NEW DUTIES WITH KNOWLEDGE OF THE WORK INVOLVED , IT FOLLOWS THAT , IF THE REQUIREMENT TO STATE REASONS AND TO GIVE NOTIFICATION DID APPLY , THAT REQUIREMENT WAS MET .
12 AS REGARDS THE LEVEL AND QUANTITY OF TRANSLATION WORK IN DIRECTORATE GENERAL II , THE COMMISSION , AT THE REQUEST OF THE COURT , SUPPLIED INFORMATION ON THE TRANSLATION WORK ENTRUSTED TO THE APPLICANT AND HIS TWO COLLEAGUES , OF WHOM ONE IS OF FRENCH AND THE OTHER OF ENGLISH MOTHER TONGUE DURING A MONTH WHICH THE PARTIES AGREE TO BE REPRESENTATIVE . IT APPEARS THAT DURING THE MONTH IN QUESTION THE APPLICANT RECEIVED 25 PAGES TO TRANSLATE WHILE HIS TWO COLLEAGUES RECEIVED 23 AND 33 PAGES RESPECTIVELY . IT IS , MOREOVER , APPARENT THAT THE LEVEL OF WORK ENTRUSTED TO THE THREE OFFICIALS IS LARGELY COMPARABLE AND CONSISTS OF COMMUNICATIONS TO THE COUNCIL , MINUTES OF COMMITTEE MEETINGS AND PRESS RELEASES .