FRESH POSTING FOR THE APPLICANT .
6 VARIOUS POSSIBILITIES OF ASSIGNMENT , INTER ALIA TO THE CENTRAL OFFICE OF THE COMMISSION IN BRUSSELS , WERE THEN CONSIDERED BUT CAME TO NOTHING .
7 FAILING AN OPPORTUNITY FOR REASSIGNMENT TO THE CENTRAL OFFICE AND IN VIEW OF THE APPLICANT ' S PROLONGED ABSENCE , THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE ASKED IN JUNE 1980 FOR A FRESH MEDICAL EXAMINATION TO BE ARRANGED FOR MR GEIST . FOLLOWING THAT EXAMINATION AND IN SPITE OF THE OPINION OF THE APPLICANT ' S PERSONAL DOCTORS , DR DE GEYTER , WHO HAD ALREADY BEEN CONSULTED IN 1978 , STATED IN A LETTER DATED 15 NOVEMBER 1980 TO THE HEAD OF THE COMMISSION ' S MEDICAL BRANCH THAT ' ' MR GEIST ' S ABSENCE FROM WORK IS NOT DUE TO MEDICAL REASONS ' ' AND CONFIRMED THAT THE OPINION GIVEN BY THE INVALIDITY COMMITTEE IN 1978 WAS STILL VALID .
8 IN A LETTER DATED 5 DECEMBER 1980 THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE , NOTING THAT MR GEIST WAS FIT FOR WORK AND THAT THERE SEEMED TO BE NO PROSPECT OF WORK FOR HIM IN BRUSSELS , INVITED HIM TO RESUME HIS DUTIES AT ISPRA . MR GEIST , IN RELIANCE UPON A CERTIFICATE FROM HIS OWN DOCTOR , DID NOT ACCEPT THAT SUGGESTION AND BY LETTER DATED 22 DECEMBER 1980 ASKED THE HEAD OF THE MEDICAL BRANCH AT ISPRA FOR PERMISSION TO STAY WITH HIS FAMILY IN THE NETHERLANDS DURING HIS SICK LEAVE .
9 BY LETTER DATED 12 JANUARY 1981 MR HANNAERT , THE HEAD OF THE ADMINISTRATION AND PERSONNEL DIVISION OF ISPRA , REFERRED TO THE APPLICANT ' S FITNESS FOR WORK ACCORDING TO THE REPORT MADE IN NOVEMBER 1980 BY DR DE GEYTER AND INFORMED MR GEIST THAT HE WAS ABSENT WITHOUT AUTHORIZATION AND THAT PURSUANT TO ARTICLE 60 OF THE STAFF REGULATIONS THE PAYMENT OF HIS SALARY WOULD BE SUSPENDED AS FROM 1 JANUARY 1981 . BY LETTER DATED 21 JANUARY 1981 MR GEIST WAS INFORMED THAT PERMISSION TO STAY IN THE NETHERLANDS WAS REFUSED .
10 BY LETTER DATED 11 FEBRUARY 1981 MR GEIST MADE A COMPLAINT , INTER ALIA AGAINST THE DECISION OF 5 DECEMBER 1980 REQUESTING HIM TO RETURN TO HIS POST AT ISPRA AND THE DECISION OF 12 JANUARY 1981 SUSPENDING PAYMENT OF HIS SALARY . IN THE SAME LETTER THE APPLICANT ASKED FOR PAYMENT OF HIS DOCTOR ' S FEES AND EXPENSES AND REIMBURSEMENT OF HIS OWN EXPENSES IN THE INVALIDITY PROCEEDINGS . THAT COMPLAINT WAS REJECTED BY THE COMMISSION ON 27 JULY 1981 .
CONCLUSIONS DIRECTED AGAINST THE DECISION OF 5 DECEMBER 1980
11 IN THE APPLICANT ' S VIEW THAT DECISION , WHICH STATES IN THE RECITALS IN THE PREAMBLE THERETO THAT HE HAD REFUSED POSTS OFFERED TO HIM OUTSIDE ISPRA , IS BASED ON SUBSTANTIALLY INCORRECT FACTS . IN DISREGARDING THE ALLEGED UNDERTAKING TO FIND HIM A POST OUTSIDE THE JOINT RESEARCH CENTRE AT ISPRA THAT DECISION MOREOVER