GRADE A 3 . ACCORDING TO THE APPLICANT , AN OFFICIAL IN GRADE A 2 WHO HAS BEEN RETIRED OUGHT TO BE REASSIGNED TO A POST FOR WHICH HE HAS THE REQUIRED SKILLS IN PREFERENCE TO AN OFFICIAL IN GRADE A 3 . 13 IT SHOULD BE NOTED IN THAT CONNECTION THAT THE COMMISSION IS VESTED WITH A WIDE DISCRETIONARY POWER WITH REGARD TO ANY DECISION TO REASSIGN OFFICIALS TO ANOTHER POST IN THE SAME GRADE . THE OFFICIALS WHOM THE COMMISSION HAS DECIDED TO RETIRE DO NOT ENJOY ANY PREFERENCE IN THAT RESPECT OVER THE OTHER OFFICIALS WHO QUALIFY FOR CONSIDERATION . THEY MUST HOWEVER HAVE AN ADEQUATE OPPORTUNITY PROPERLY TO SAFEGUARD THEIR INTERESTS .
14 IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT THAT THE COMMISSION GAVE THE APPLICANT AN ADEQUATE OPPORTUNITY PROPERLY TO SAFEGUARD HIS INTERESTS BY BRINGING TO HIS NOTICE THE EXISTENCE OF POSTS WHICH BECOME VACANT , INCLUDING THAT OF DIRECTOR IN DIRECTORATE GENERAL I AND OF DIRECTOR IN DIRECTORATE GENERAL XVII , AND THAT THE APPLICANT APPLIED FOR THE FIRST OF THOSE TWO POSTS . IN ORDER TO FILL THAT POST , THE COMMISSION CONSIDERED AND COMPARED THE VARIOUS CANDIDATES AND CHOSE TO APPOINT A PERSON OTHER THAN THE APPLICANT TO THE VACANT POST . THAT DECISION WAS THEREFORE TAKEN IN ACCORDANCE WITH THE APPLICABLE RULES OF THE STAFF REGULATIONS . AS REGARDS THE POST IN DIRECTORATE GENERAL XVII , THE APPLICANT HIMSELF DID NOT CONSIDER IT APPROPRIATE TO SUBMIT AN APPLICATION AND THEREFORE THE COMMISSION DID NOT HAVE TO CONSIDER HIM .
15 THEREFORE , THE APPLICANT ' S ALTERNATIVE CLAIM FOR ANNULMENT OF THE DECISION NOT TO ASSIGN HIM TO ANOTHER POST MUST ALSO BE REJECTED . FOR THE SAME REASON , THERE ARE NO GROUNDS FOR ANNULLING THE DECISIONS OF THE COMMISSION WHICH HAVE BEEN ADOPTED IN THE MEANTIME IN ORDER TO FILL THE VACANT POSTS .
Decision on costs
COSTS
16 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , AN UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS .
17 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 ( THIRD CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2 . ORDERS THE PARTIES TO PAY THEIR OWN COSTS .