BRANCH DEALING WITH HARMONIZATION OF SOCIAL LEGISLATION , IN DIVISION A 4 OF DIRECTORATE GENERAL VII ( TRANSPORT ). AT ITS 575TH MEETING ON 8 OCTOBER 1980 THE COMMISSION ADOPTED A PLAN TO REORGANIZE THE DIRECTORATE GENERAL FOR TRANSPORT IN PURSUANCE OF THE SPIERENBURG REPORT WHICH DREW ATTENTION TO THE PROLIFERATION OF DIVISIONS AND SPECIALIZED BRANCHES AND RECOMMENDED A REDUCTION IN THE NUMBER OF SUCH UNITS . ONE OF THE MEASURES ADOPTED AT THAT MEETING WAS THE ABOLITION OF THE SPECIALIZED BRANCH DEALING WITH HARMONIZATION OF SOCIAL LEGISLATION AND MR SETON WAS TRANSFERRED TO THE NEW DIVISION B 1 , THE MARKET POLICY AND WORKING CONDITIONS DIVISION , WHOSE TASK IN FUTURE WAS TO CARRY OUT INTER ALIA THE WORK PREVIOUSLY DONE BY THE BRANCH WHICH WAS ABOLISHED . IN THAT DIVISION MR SETON WAS REQUIRED TO MANAGE THE SIXTH SECTOR , ON HARMONIZATION OF WORKING CONDITIONS , UNDER THE AUTHORITY OF THE HEAD OF DIVISION .
27 IT IS COMMON GROUND THAT DURING THE YEAR PRIOR TO THE COMMISSION ' S DECISION THAT REORGANIZATION LED TO CONSULTATIONS WITHIN THE DIRECTORATE GENERAL IN WHICH THE APPLICANT WAS INVOLVED . ON 20 OCTOBER 1980 A MEETING TOOK PLACE TO INFORM ALL THE OFFICIALS OF THE DIRECTORATE GENERAL OF WHAT WAS PLANNED AND ON 30 OCTOBER THE NEW SCHEME OF ORGANIZATION WAS COMMUNICATED TO THEM .
28 BY A LETTER OF 30 JANUARY 1981 FROM THE DIRECTOR OF PERSONNEL THE APPLICANT WAS OFFICIALLY NOTIFIED OF HIS ASSIGNMENT TO DIVISION VII B 1 . THAT LETTER WAS CONFIRMED ON 9 FEBRUARY 1981 BY A LETTER FROM THE DIRECTOR GENERAL OF PERSONNEL AND ADMINISTRATION .
29 ON 30 JANUARY 1981 THE APPLICANT LODGED A COMPLAINT WITH THE COMMISSION UNDER ARTICLE 90 OF THE STAFF REGULATIONS . IN THAT COMPLAINT HE ATTRIBUTED HIS REASSIGNMENT TO THE ILL-WILL OF HIS FORMER DIRECTOR WITH WHOM HE TOOK ISSUE ON SEVERAL PROBLEMS CONCERNING THE VIEWS ADOPTED BY THE DIRECTORATE GENERAL ON TRANSPORT POLICY . IN SPECIFYING HIS GROUNDS FOR COMPLAINT HE QUESTIONED THE OBJECTIVITY OF HIS IMMEDIATE SUPERIORS , ACCUSING THEM OF BEING SENSITIVE TO PRESSURE FROM CARRIER ORGANIZATIONS AND CERTAIN GOVERNMENTS TO THE POINT OF FAILING TO IMPLEMENT PROVISIONS OF THE TREATY AND CERTAIN REGULATIONS AND DIRECTIVES ADOPTED UNDER THE TREATY .
30 IN RESPONSE TO THOSE ACCUSATIONS AND HAVING REGARD TO A REQUEST FOR ASSISTANCE MADE UNDER ARTICLE 24 OF THE STAFF REGULATIONS BY THE DIRECTOR IN QUESTION THE COMMISSION CHARGED MR VERHEYDEN , DIRECTOR GENERAL OF THE OFFICE FOR OFFICIAL PUBLICATIONS OF THE EUROPEAN COMMUNITIES , TO CARRY OUT AN ADMINISTRATIVE INQUIRY INTO THE FACTS ALLEGED IN MR SETON ' S COMPLAINT . AFTER INTERVIEWING THE APPLICANT AS WELL AS THE OTHER PERSONS CONCERNED MR VERHEYDEN PRODUCED A REPORT ON 23 MAY 1981 IN WHICH WHILST ACKNOWLEDGING THE APPLICANT ' S HUMAN QUALITIES HE FOUND THAT HE WAS ' ' QUITE UNABLE OR UNWILLING TO ACCEPT THAT IN A HIERARCHY EACH GRADE ASSESSES SITUATIONS AT ITS OWN LEVEL AND WITH THE MEANS AVAILABLE AND THAT