VACANT AND WHICH NEEDED TO BE DISPENSED WITH TO MEET THE REQUIREMENTS OF THE NEW ADMINISTRATIVE STRUCTURE .
16 IT FOLLOWS FROM THE FOREGOING THAT THE SUBMISSION FOUNDED ON INFRINGEMENT OF THE STAFF REGULATIONS MUST BE DISMISSED AS UNFOUNDED .
B - MISUSE OF POWERS
17 THE APPLICANT MAINTAINS THAT THE CONTESTED DECISION CONSTITUTES A MISUSE OF POWERS IN THAT THE ABOLITION OF THE POST IN DISPUTE IS FICTITIOUS AND WAS SOLELY INSPIRED BY THE DESIRE TO ASSIGN THE DUTIES WHICH WERE ATTACHED TO IT TO MR DIETZLER AS AN OFFICIAL HAVING GERMAN NATIONALITY .
18 ACCORDING TO THE APPLICANT MR DIETZLER WHO IS " CONSULTED REGULARLY ON THE PROBLEMS OF THE HARMONIZATION OF CUSTOMS LAWS HAVING REGARD TO SPECIFIC GERMAN PROBLEMS " IS IN FACT PERFORMING THE SAME DUTIES AS THOSE PRESCRIBED FOR THE POST IN DISPUTE .
19 FURTHERMORE SHE SAYS THAT THIS OFFICIAL HAS BEEN WRONGLY DESCRIBED AS AN EXPERT SINCE HE IS CONSULTED ON A CONTINUING BASIS AND PERFORMS HIS DUTIES ON A PERMANENT BASIS .
20 IT IS APPARENT FROM VACANCY NOTICE NO 5882 RELATING TO THE POST IN DISPUTE THAT THE DUTIES WHICH WERE ENTRUSTED TO MR DIETZLER ONLY PARTLY CORRESPOND TO THOSE ATTACHED TO THIS POST .
21 MOREOVER IT DOES NOT NECESSARILY FOLLOW FROM THE CONCEPT OF AN EXPERT THAT SUCH PERSON CANNOT, SHOULD THE NEED ARISE, BE CONSULTED REGULARLY AND CARRY OUT WITHOUT INTERRUPTION THE ACTIVITIES ASSIGNED TO HIM .
22 THE DISTINCTION BETWEEN AN EXPERT AND AN OFFICIAL MUST BE SOUGHT ABOVE ALL IN THE NATURE OF THE LEGAL RELATIONSHIP WHICH BINDS EACH OF THEM TO THE INSTITUTION TO WHICH THEY ARE ASSIGNED .
23 IT IS COMMON GROUND IN THE PRESENT CASE THAT MR DIETZLER CONTINUES TO BE EMPLOYED BY HIS NATIONAL ADMINISTRATION, THE COMMISSION MERELY PAYING HIM SUBSISTENCE ALLOWANCES AND REIMBURSING HIS TRAVEL EXPENSES AS FAR AS BRUSSELS .
24 A SITUATION OF THIS KIND IS NOT ONE WHICH COULD CONCEIVABLY FIT INTO A SERVICE RELATIONSHIP EXISTING BETWEEN THE COMMUNITY AND ONE OF ITS OFFICIALS WITHIN THE MEANING OF THE STAFF REGULATIONS .
25 ALTHOUGH THE PRACTICE OF HAVING RECOURSE WITHIN THE DEPARTMENTS OF THE COMMUNITY TO THE SERVICES OF NATIONAL OFFICIALS DOES CALL FOR CERTAIN RESERVATIONS TO BE EXPRESSED IF THE USE OF SUCH OFFICIALS ATTAINS SIZEABLE PROPORTIONS AND LASTS A CONSIDERABLE TIME, IT CAN BE JUSTIFIED IN THE PRESENT CASE BECAUSE OF THE NEED FOR CLOSE COOPERATION BETWEEN THE COMMISSION AND THE NATIONAL CUSTOMS ADMINISTRATIONS WHEN THE TRANSITIONAL PERIOD COMES TO AN END .
26 FOR THOSE REASONS A MISUSE OF POWERS HAS NOT BEEN PROVED IN THE PRESENT CASE .
27 THE REQUEST FOR ANNULMENT MUST THEREFORE BE DISMISSED AS UNFOUNDED .
28 ACCORDINGLY THE CLAIM FOR DAMAGES MUST ALSO BE DISMISSED AS UNFOUNDED IN SO FAR AS IT IS BASED ON THE ALLEGEDLY ILLEGAL NATURE OF THE CONTESTED DECISION .
THE CLAIM FOR DAMAGES
29 THE APPLICANT MAINTAINS ALTERNATIVELY THAT THE COMMISSION WAS GUILTY OF A WRONGFUL ACT OR OMISSION IN THAT IN MAY