KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ANNULMENT OF ADMINISTRATIVE MEASURES CONCERNING THE APPLICANT ' S POSITION IN THE SERVICE AND THE DUTIES ENTRUSTED TO THAT OFFICIAL AND FOR A DECLARATION THAT THE ADMINISTRATION IS LIABLE TO HIM FOR MATERIAL AND NON-MATERIAL DAMAGES ;
Grounds
1 THE APPLICANT TOOK UP HIS DUTIES ON 1 APRIL 1962 AT THE JOINT RESEARCH CENTRE AT PETTEN ( THE NETHERLANDS ) AS THE ' HEAD OF HYDRAULIC STUDIES ' AND WAS ESTABLISHED ON 1 OCTOBER 1962 AS A SCIENTIFIC OFFICER IN GRADE A 6 .
2 AS A RESULT OF FAVOURABLE PERIODIC REPORTS POINTING OUT HIS ' EXTREMELY SOUND AND WIDE KNOWLEDGE IN HIS FIELD OF HYDRAULICS AND THE ALLIED FIELDS OF MECHANICS AND RESEARCH ' , HE WAS APPOINTED HEAD OF THE HYDRODYNAMICS AND MEASURES DIVISION , A POST WHICH HE OCCUPIED IN 1963 AND 1964 .
3 IN THE CONTEXT OF THESE ACTIVITIES , HE WAS SECONDED TO THE UNITED STATES IN 1964 AND 1965 AND ON HIS RETURN WAS PROMOTED TO GRADE A 5 ON 1 JANUARY 1966 .
4 DURING THE SUMMER OF 1967 , THE DIRECTORATE OF THE ESTABLISHMENT AT PETTEN CONSIDERED , IN AGREEMENT WITH THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE , THAT THE CHANGE IN THE SECOND RESEARCH PROGRAMME OF 1962 , WHICH WAS DECIDED BY THE COUNCIL ON 15 JUNE 1965 , NO LONGER ENABLED RESEARCH TO BE CONTINUED IN THE APPLICANT ' S SPECIAL FIELD ( LIQUID FUEL REACTORS ) AND THAT THE STAFF SHOULD THENCEFORTH DEVOTE THEMSELVES TO NEW DUTIES FIXED AT THE INSTITUTION .
5 THE GROUP OF WHICH THE APPLICANT WAS HEAD WAS THEREFORE DISBANDED ON 24 JULY 1967 AND IN THESE CIRCUMSTANCES THE QUESTION OF AN APPROPRIATE POSTING FOR THE APPLICANT BEGAN TO ARISE .
6 AT FIRST , AS FROM APRIL 1968 , THE APPLICANT , WHO WAS DIRECTLY ATTACHED TO THE DIRECTOR OF THE ESTABLISHMENT AT PETTEN , THEN TO THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE , WAS ABLE TO CONTINUE HIS STUDIES ON MOLTEN SALT BREEDER REACTORS AND CARRIED OUT SEVERAL MISSIONS IN THAT CONNEXION TO NATIONAL DEPARTMENTS AND INTERNATIONAL ORGANIZATIONS .
7 IN 1975 THE DIRECTORATE OF THE JOINT RESEARCH CENTRE CONSIDERED HOWEVER THAT THIS SITUATION COULD NOT CONTINUE AND ASKED THE APPLICANT TO APPLY FOR THE POST OF SCIENTIFIC ATTACHE TO THE COMMUNITY ' S DELEGATION IN WASHINGTON , A POST WHICH WAS HOWEVER GIVEN TO ANOTHER OFFICIAL FOR REASONS WHICH ARE EXTRANEOUS TO THE APPLICANT ' S QUALIFICATIONS .
8 THE DEVELOPMENT OF REACTOR SYSTEMS , WHICH WAS LEFT TO THE INITIATIVE OF THE MEMBER STATES , WAS CONFIRMED BY A DECISION OF THE COUNCIL OF MINISTERS OF 22 AUGUST 1975 ( OJ L 231 OF 2 SEPTEMBER 1975 ).
9 AT THE END OF SEPTEMBER 1975 , THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE CONSIDERED THE TRANSFER OF THE APPLICANT TO A POST IN ANOTHER PROGRAMME AND TOOK CARE TO KEEP THE LATTER INFORMED OF THE ATTEMPTS MADE