Subject of the case
APPLICATION IN THE ORIGINAL STATEMENT OF CLAIM FOR AN ORDER THAT THE COMMISSION SHOULD GUARANTEE THE APPLICANT ' S RIGHT TO PERFORM THE DUTIES OF A TRANSLATOR , TOGETHER WITH HER ASSIGNMENT EXCLUSIVELY TO WORK OF THAT NATURE , PURSUANT TO ARTICLE 24 OF THE STAFF REGULATIONS OF OFFICIALS AND , IN A SUPPLEMENTARY CLAIM CONTAINED IN HER REPLY , AN APPLICATION FOR A DECLARATION THAT THE COMMISSION HAS FAILED TO FULFIL ITS OBLIGATION TO FACILITATE THE FURTHER TRAINING AND INSTRUCTION OF THE APPLICANT , AND FOR THE PAYMENT TO HER BY THE COMMISSION BY WAY OF DAMAGES OF ONE FRANC FOR THE DAMAGE SUFFERED BY HER UNDER THAT HEAD OF CLAIM ,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 28 OCTOBER 1980 , MISS WALTRAUT KRUSE , A SECRETARY/SHORTHAND-TYPIST AT THE COMMISSION OF THE EUROPEAN COMMUNITIES IN GRADE C 2 , REQUESTED THE COURT TO ORDER THE COMMISSION TO GUARANTEE HER RIGHT TO PERFORM THE DUTIES OF A TRANSLATOR , TOGETHER WITH HER ASSIGNMENT EXCLUSIVELY TO WORK OF THAT NATURE IN ACCORDANCE WITH ARTICLE 24 OF THE STAFF REGULATIONS OF OFFICIALS . IN HER REPLY , THE APPLICANT REQUESTED THE COURT TO DECLARE THAT BY ASSIGNING HER TO SECRETARIAL DUTIES , THE COMMISSION HAD FAILED TO FULFILL ITS OBLIGATION UNDER THE SAID ARTICLE TO FACILITATE HER FURTHER TRAINING AND INSTRUCTION AND , IN THE RESULT , TO PAY TO HER BY WAY OF DAMAGES ONE FRANC FOR THE DAMAGE SUFFERED UNDER THAT HEAD .
2 IT IS CLEAR FROM THE DOCUMENTS IN THE CASE THAT THE APPLICANT WAS ABLE THROUGHOUT HER CAREER AS SECRETARY/SHORTHAND-TYPIST TO FOLLOW A NUMBER OF LANGUAGE COURSES AND THAT AS FROM MARCH 1973 SHE WAS MAINLY , IF NOT EXCLUSIVELY , ASSIGNED TO DUTIES OF TRANSLATING AND DRAFTING DOCUMENTS IN VARIOUS LANGUAGES . HOWEVER , IN JUNE 1979 SHE WAS ASKED ALSO TO UNDERTAKE SECRETARIAL DUTIES AND SHE THEN STATED THAT , FOR HEALTH REASONS , SHE WAS UNABLE TO UNDERTAKE ANY OTHER TYPE OF WORK THAN TRANSLATION . SINCE THAT DATE SHE HAS BEEN ABSENT FROM WORK OWING TO SICKNESS AND HER CASE HAS NOW BEEN REFERRED TO THE INVALIDITY COMMITTEE .
3 ON 3 DECEMBER 1979 THE APPLICANT HAD A DISCUSSION WITH HER IMMEDIATE SUPERIOR WHO INFORMED HER THAT WHEN SHE RESUMED HER DUTIES , HE INTENDED TO ASSIGN HER TO THE LIBRARY OF THE DIRECTORATE-GENERAL WHERE SHE WOULD BE ABLE TO UNDERTAKE URGENT TRANSLATION DUTIES , ALBEIT FOR ONLY ONE HALF OF HER TIME . THE APPLICANT PROTESTED AT THIS RESTRICTION AND , FOLLOWING AN EXCHANGE OF CORRESPONDENCE , SHE LODGED ON 18 APRIL 1980 A COMPLAINT THROUGH OFFICIAL CHANNELS WHICH WAS REJECTED ON 28 JULY 1980 .
4 THE COMMISSION CHALLENGES THE ADMISSIBILITY OF THE APPLICATION BY STATING , ON THE ONE HAND , THAT THE COMPLAINT WAS OUT OF TIME AND , ON THE OTHER HAND , THAT THE APPLICANT DOES NOT HAVE A SUFFICIENT INTEREST IN THE PROCEEDINGS NOW THAT HER CASE