HE STATES , ESPECIALLY AS THE NEW AIMS SET OUT IN THE ACTION PROGRAMME , WHICH IS AT THE ROOT OF HIS REORGANIZATION , DID NOT AFFECT THE DUTIES OF THE INDUSTRIAL SAFETY DIVISON , AND THE APPLICANT WAS THEREFORE UNABLE TO FORESEE THAT THE REORGANIZATION WOULD EXTEND TO THAT DIVISION .
11 THE COMMISSION , ON THE OTHER HAND , REFERS TO THE JUDGMENT OF THE COURT OF 28 MAY 1980 ( JOINED CASES 33 AND 75/79 KUHNER V COMMISSION ( 1979 ) ECR 1677 ) AND SUBMITS THAT THE GROUNDS GIVEN WERE SUFFICIENT , TAKING ACCOUNT PARTICULARLY OF THE WIDE DISCRETION WHICH IT ENJOYS IN RELATION TO ITS INTERNAL ORGANIZATION AND OF THE FACT THAT THE DECISION REFLECTS ON AN INSTITUTIONAL LEVEL THE NEW POLICIES SET OUT BY THE COUNCIL IN THE ACTION PROGRAMME . THE APPLICANT WAS INVOLVED IN BOTH THE PREPARATION AND THE IMPLEMENTATION OF THAT PROGRAMME AND THEREFORE THE NEW DETAILED LIST OF POSTS COULD NOT HAVE COME AS A SURPRISE TO HIM . FURTHERMORE THE COMMISSION REFERS TO THE INTERVIEWS WHICH THE APPLICANT HAD WITH HIS DIRECTOR AND DIRECTOR-GENERAL BEFORE HE RECEIVED THE COMMUNICATION .
12 AS THE COURT HAS ALREADY STATED IN THE AFOREMENTIONED JUDGMENT , IT IS CORRECT THAT THE DUTY TO GIVE A STATEMENT OF THE GROUNDS ON WHICH A MEASURE CONCERNING ORGANIZATION OF THE DEPARTMENT IS BASED MUST BE RELATED TO THE DISCRETIONARY POWER WHICH THE APPOINTING AUTHORITY EXERCISES IN THIS CONNECTION AND ALSO TO THE MARGINAL NATURE OF THE DISADVANTAGES WHICH RESULT FOR THE OFFICIAL CONCERNED FROM A RE-POSTING WHICH DOES NOT AFFECT HIS GRADE OR HIS MATERIAL SITUATION . HOWEVER , THESE CONSIDERATIONS ARE NOT SUFFICIENT TO JUSTIFY A STATEMENT OF GROUNDS WHICH MERELY REFERS TO THE REORGANIZATION OF THE DIRECTORATE-GENERAL CONCERNED .
13 AS THE COURT ALSO STATED IN THE ABOVE-MENTIONED JUDGMENT , IN ORDER TO DECIDE WHETHER THE REQUIREMENT LAID DOWN IN ARTICLE 25 HAS BEEN MET , IT IS ADVISABLE TO TAKE INTO CONSIDERATION NOT ONLY THE DOCUMENT GIVING NOTICE OF THAT DECISION BUT ALSO THE CIRCUMSTANCES IN WHICH IT WAS TAKEN AND BROUGHT TO THE KNOWLEDGE OF THE PERSON CONCERNED . IN THIS REGARD , IT IS NECESSARY TO INVESTIGATE IN PARTICULAR WHETHER THE APPLICANT WAS ALREADY IN POSSESSION OF THE INFORMATION ON WHICH THE COMMISSION ALLEGES THAT THE DECISION WAS BASED .
14 THE APPLICANT DOES NOT DISPUTE THAT HE WAS INVOLVED IN THE PREPARATION AND IMPLEMENTATION OF THE NEW ACTION PROGRAMME , OR THAT THIS CONFERRED ON THE HEALTH AND SAFETY DIRECTORATE , ALBEIT IN AREAS NOT RELATING TO THE APPLICANT ' S DIVISION , IMPORTANT NEW TASKS OF A TECHNICAL AND SCIENTIFIC NATURE WHICH THE DIRECTORATE WAS UNABLE TO CARRY OUT IN THE ABSENCE OF AN INTERNAL REORGANIZATION AND RATIONALIZATION . IN ADDITION , THE APPLICANT COULD NOT HAVE BEEN UNAWARE OF THE FACT THAT HIS DIVISION WAS VERY SMALL , THAT IT WAS THE ONLY UNIT TO BE HEADED BY AN OFFICIAL WITHOUT A TECHNICAL OR SCIENTIFIC TRAINING AND THAT