CONDITIONS OF RECRUITMENT AND CAREER IN THE SERVICE ARE TO APPLY TO ALL OFFICIALS BELONGING TO THE SAME CATEGORY OR THE SAME SERVICE , ARTICLE 4 OF THE STAFF REGULATIONS PROVIDES THAT NO APPOINTMENT OR PROMOTION SHALL BE MADE FOR ANY PURPOSE OTHER THAN THAT OF FILLING A VACANT POST AS PROVIDED FOR IN THE STAFF REGULATIONS .
19 THE CONDITIONS OF RECRUITMENT AND CAREER IN THE SERVICE REFERRED TO IN ARTICLE 5 ( 3 ) CANNOT BE CONSIDERED OUTSIDE THE FRAMEWORK DETERMINED BY THE ORGANIZATION OF THE DEPARTMENTS . ALTHOUGH THAT PROVISION REQUIRES THE COMMUNITY ADMINISTRATION TO RESPECT THE EQUALITY OF OFFICIALS , IN THE VARIOUS CATEGORIES , WITH REGARD TO THE CONDITIONS GOVERNING RECRUITMENT AND PROMOTION , IT DOES NOT RESTRICT THE FREEDOM OF THE INSTITUTIONS TO ORGANIZE THE VARIOUS ADMINISTRATIVE UNITS TAKING ACCOUNT OF A WHOLE RANGE OF FACTORS , SUCH AS THE NATURE AND SCOPE OF THE TASKS WHICH ARE ASSIGNED TO THEM AND THE BUDGETARY POSSIBILITIES . IT FOLLOWS THAT THE COMMISSION HAS NO OBLIGATION WITH REGARD TO THE APPLICANTS TO ORGANIZE THE DEPARTMENT IN WHICH THEY ARE EMPLOYED SO AS TO GUARANTEE THEM AN OPPORTUNITY TO PERFORM CERTAIN DUTIES AND OBTAIN PROMOTION AS A RESULT .
20 THE APPLICANTS HAVE NOT BEEN ABLE TO SHOW THAT THE COMMISION HAS EXERCISED ITS POWERS OF ORGANIZATION , IN RELATION TO THE ADMINISTRATIVE UNIT IN WHICH THEY ARE EMPLOYED , FOR REASONS EXTRANEOUS TO THE INTERESTS OF THE SERVICE . IN PARTICULAR , THEY HAVE NOT BEEN ABLE TO SHOW THAT THE OPINION ARRIVED AT BY THE COMMISSION ON THE BASIS OF THE AMOUNT OF WORK AND STAFF IN THE TRANSLATION DEPARTMENT IN LUXEMBOURG IN RELATION TO THAT IN BRUSSELS EXCEEDS THE LIMITS OF THE DISCRETION WHICH THE COMMISSION HAS IN THE PRESENT CASE , EXPECIALLY AS , BY THE MEASURES ALREADY TAKEN IN FAVOUR OF THE DEPARTMENT IN LUXEMBOURG , THE COMMISSION HAS SHOWN ITSELF READY TO PROCEED GRADUALLY TO A REORGANIZATION IN THE DIRECTION DESIRED BY THE APPLICANTS , TAKING ACCOUNT OF THE EXISTING BUDGETARY CONSTRAINTS .
21 IN THIS RESPECT , THE COMMISSION CANNOT BE LEGALLY COMPELLED TO CARRY OUT THE REORGANIZATION IN QUESTION WITHIN A PARTICULAR PERIOD , EITHER ON THE BASIS OF A SPECIFIC RIGHT ON WHICH THE APPLICANTS MIGHT RELY UNDER THE STAFF REGULATIONS OR ON THE BASIS OF THE COMMISSION ' S OWN STATEMENTS REGARDING ITS INTENTION TO PROCEED WITH THAT REORGANIZATION .
22 AS REGARDS THE COMMISSION ' S ALLEGED INFRINGEMENT OF ITS DECISION OF 4 MAY 1978 IT MUST BE BORNE IN MIND THAT , BECAUSE THE POSTS IN QUESTION DO NOT APPEAR ON THE DETAILED LIST OF POSTS FOR THAT DEPARTMENT , THE DEFENDANT HAS NOT BEEN ABLE TO CONVERT THE TRANSLATION SECTIONS INTO DIVISIONS AND TO APPOINT HEADS OF DIVISION AT THEIR HEAD . IT CANNOT THEREFORE BE MAINTAINED THAT THOSE OF THE APPLICANTS WHO HAVE BEEN APPOINTED ADVISERS IN GRADE L/A 3 AT THE PRESENT STAGE OF LIMITED AND PARTIAL REORGANIZATION , AND WHO ARE