TO STATE THE GROUNDS ON WHICH A DECISION IS BASED , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS , IS SATISFIED IF THE CIRCUMSTANCES IN WHICH THE CONTESTED MEASURE WAS ADOPTED AND NOTIFIED TO THOSE CONCERNED MAKE IT POSSIBLE FOR THOSE PERSONS TO RECOGNIZE THE ESSENTIAL FACTORS WHICH GUIDED THE ADMINISTRATION IN ITS DECISION .
22 IN THE PRESENT CASE THE APPLICANT DOES NOT DISPUTE THE FACT THAT HE HAD AN INTERVIEW WITH THE DIRECTOR-GENERAL FOR AGRICULTURE , FOLLOWED BY AN EXCHANGE OF MEMORANDA , BEFORE THE CONTESTED DECISION WAS ADOPTED . THE INFORMATION PRODUCED BY THE PARTIES SHOWS THAT THE APPLICANT WAS AMPLY INFORMED DURING THAT EXCHANGE OF VIEWS OF THE REASONS FOR THE PROPOSED REASSIGNMENT AND THAT HE WAS GIVEN THE OPPORTUNITY TO STATE HIS OBJECTIONS . IT IS NOT POSSIBLE TO DESCRIBE THE REASONS THUS GIVEN AS AN INCONSISTENT , INADEQUATE OR INCOMPLETE STATEMENT OF THE GROUNDS ON WHICH THE DECISION WAS BASED MERELY BY VIRTUE OF THE FACT THAT THE DIRECTOR-GENERAL FIRST ENDEAVOURED TO OBTAIN THE APPLICANT ' S AGREEMENT BUT THAT AFTER THE LATTER HAD SUBMITTED HIS OBJECTIONS THE REASSIGNMENT HAD TO BE MADE COMPULSORY .
23 WHEN HE WAS NOTIFIED OF THE CONTESTED DECISION , THEREFORE , THE APPLICANT WAS ALREADY AWARE OF THE ESSENTIAL FACTORS WHICH JUSTIFIED IT WITH REGARD TO THE INTERESTS OF THE SERVICE . IN THE CIRCUMSTANCES A SIMPLE REFERENCE TO THAT CONCEPT IN THE DECISION ITSELF MAY BE REGARDED AS A SUFFICIENT STATEMENT OF THE GROUNDS ON WHICH IT WAS BASED . THE APPLICANT ' S THIRD SUBMISSION MUST THEREFORE ALSO BE REJECTED .
THE ALLEGED MISUSE OF POWERS
24 THE APPLICANT CONTENDS THAT HIS COMPULSORY REASSIGMENT TO DIVISION VI/G/4 BY THE APPOINTING AUTHORITY WAS FOR PURPOSES OTHER THAN THE OBJECTIVE APPLICATION OF THE STAFF REGULATIONS AND THE MOBILITY POLICY .
25 IT IS SUFFICIENT TO NOTE IN THAT CONTEXT THAT THE COMMISSION ' S DECISION TO REASSIGN THE APPLICANT HAS BEEN SHOWN TO BE IN CONFORMITY WITH THE INTERESTS OF THE SERVICE . IT CANNOT THEREFORE BE ALLEGED THAT IT IS VITIATED BY MISUSE OF POWERS .
Decision on costs
COSTS
26 ALTHOUGH THE APPLICANT HAS FAILED IN ALL HIS SUBMISSIONS IT IS NEVERTHELESS NECESSARY TO TAKE INTO ACCOUNT , FOR THE PURPOSE OF MAKING AN ORDER AS TO COSTS , THE AFOREMENTIONED CONSIDERATIONS REGARDING THE AMBIGUITY OF THE COMMISSION ' S POSITION IN RELATION TO THE LEGAL BASIS OF THE CONTESTED DECISION . THE COMMISSION ONLY INDICATED CLEARLY THAT ITS DECISION WAS NOT ADOPTED IN THE CONTEXT OF THE MOBILITY POLICY AT A LATE STAGE , THAT IS TO SAY IN ITS REPLY TO THE APPLICANT ' S COMPLAINTS AND IN ITS REJOINDER . THE APPLICANT SHOULD NOT BE PENALIZED FOR HAVING BROUGHT THE MATTER BEFORE THE COURT IN ORDER TO OBTAIN A REVIEW OF THE LEGALITY OF A DECISION WHICH HE HAD REASON TO CONSIDER TO BE ENTIRELY UNLAWFUL IN THAT CONTEXT .
27 IT IS THEREFORE FITTING TO