AND A TRANSFER TO DIRECTORATE-GENERAL V IN BRUSSELS .
6 IN 1983 HE AGREED TO BE ASSIGNED TO THE TRANSLATION SERVICE IN DIRECTORATE-GENERAL IX IN LUXEMBOURG , WITH A VIEW TO PREPARING FOR AN INTERNAL COMPETITION WHICH WOULD ENABLE HIM TO BE TRANSFERRED TO THE LANGUAGE SERVICE . IN JULY OF THE SAME YEAR , HOWEVER , HE REFUSED TO SIT THE L/A COMPETITION WHICH , ACCORDING TO THE COMMISSION , HAD BEEN ARRANGED ESPECIALLY FOR HIM , STATING THAT HE WOULD PREFER HIS ADMINISTRATIVE SITUATION TO BE REGULARIZED WITHIN CATEGORY A .
7 DURING THE PERIOD IN WHICH THE APPLICANT WAS PLACED AT THE DISPOSAL OF THE STATISTICAL OFFICE AND WHILE HE WAS ASSIGNED TO DIRECTORATE-GENERAL IX , PERIODIC REPORTS CONTAINING A DESCRIPTION OF HIS DUTIES AND AN ASSESSMENT OF THE WORK WHICH HE CARRIED OUT WERE DULY MADE ON HIM AND WERE ON THE WHOLE FAVOURABLE . HE WAS RECOMMENDED FOR PROMOTION TO GRADE A5 IN THE 1983 FINANCIAL YEAR .
8 ON 30 NOVEMBER 1983 THE APPLICANT SUBMITTED A COMPLAINT TO THE SECRETARY-GENERAL OF THE COMMISSION UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS , IN WHICH HE REQUESTED THE COMMISSION :
TO REGULARIZE HIS ADMINISTRATIVE SITUATION ;
TO GIVE HIM THE PROMOTION TO GRADE A5 FOR WHICH HE WAS ELIGIBLE .
9 IN ITS REPLY OF 27 JUNE 1984 , AGAINST WHICH THE PRESENT APPLICATION IS DIRECTED , THE COMMISSION ACKNOWLEDGED THAT THE EFFORTS MADE HAD NOT YET ENABLED THE APPLICANT TO BE ASSIGNED TO A POST CORRESPONDING TO HIS EXPERIENCE AND QUALIFICATIONS ; HOWEVER , IT DREW HIS ATTENTION TO A NOTICE OF AN INTERNAL COMPETITION FOR AN L/A7 - L/A6 POST IN THE DANISH SECTION OF THE TRANSLATION SERVICE IN LUXEMBOURG .
ADMISSIBILITY
10 THE COMMISSION CONTENDS THAT THE APPLICATION IS INADMISSIBLE ON TWO GROUNDS .
11 IT CLAIMS THAT THE APPLICATION IS INADMISSIBLE IN SO FAR AS IT SEEKS THE APPLICANT ' S REINSTATEMENT IN HIS FORMER POST IN THE PUBLICATIONS OFFICE , SINCE SUCH A REQUEST WAS NOT MADE IN HIS COMPLAINT TO THE COMMISSION AND WAS THEREFORE NOT REJECTED BY THE COMMISSION .
12 AS THE COURT HELD IN ITS JUDGMENT OF 1 JULY 1976 IN CASE 58/75 ( SERGY V COMMISSION ( 1976 ) ECR 1139 ), THE OBJECT OF ARTICLE 91 OF THE STAFF REGULATIONS IS TO ENABLE AND ENCOURAGE AN AMICABLE SETTLEMENT TO BE REACHED OF THE DIFFERENCE WHICH HAS ARISEN BETWEEN OFFICIALS OR SERVANTS AND THE ADMINISTRATION , AND , IN ORDER TO COMPLY WITH THIS REQUIREMENT , IT IS ESSENTIAL THAT THE ADMINISTRATION BE IN A POSITION TO KNOW THE COMPLAINTS OR REQUESTS OF THE PERSON CONCERNED ; IT IS NOT THE PURPOSE OF THAT PROVISION TO BIND STRICTLY AND ABSOLUTELY THE CONTENTIOUS STAGE OF THE PROCEEDINGS , IF ANY , PROVIDED THAT THE CLAIMS SUBMITTED AT THAT STAGE CHANGE NEITHER THE LEGAL BASIS NOR THE SUBJECT-MATTER OF THE COMPLAINT .
13 ALTHOUGH THE APPLICANT DOES NOT EXPRESSLY ASK IN HIS COMPLAINT