AS OTHER OFFICIALS , THERE IS NO FOUNDATION FOR THE ALLEGATION OF DISCRIMINATORY TREATMENT .
43 THAT SUBMISSION MUST THEREFORE BE REJECTED .
44 ACCORDINGLY , THE APPLICATION FOR THE ANNULMENT OF THE ALLEGED DECISION REFUSING TO REINSTATE THE APPLICANT IMMEDIATELY IN THE PUBLICATIONS OFFICE AND FOR COMPENSATION FOR THE NON-MATERIAL DAMAGE ALLEGEDLY SUFFERED OWING TO THE DISRUPTION OF THE NORMAL DEVELOPMENT OF HIS CAREER MUST BE DISMISSED AS UNFOUNDED . THE APPLICATION FOR A DECLARATION THAT THE COMMISSION IS BOUND TO ASSIGN THE APPLICANT TO AN ACTUAL POST IN HIS CATEGORY , CORRESPONDING TO HIS GRADE , EXPERIENCE AND QUALIFICATIONS , MUST ALSO BE DISMISSED AS UNFOUNDED .
Decision on costs
COSTS
45 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . 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 ( SECOND CHAMBER )
HEREBY :
( 1 ) DISMISSES THE APPLICATION ;
( 2 ) ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .