ALLEGATIONS CONCERNING THE NEGATIVE ATTITUDE OF HIS DIRECTOR GENERAL OR OF HIS OTHER SUPERIORS . IN ITS VIEW , THE SITUATION WAS QUITE THE REVERSE SINCE THE APPLICANT RECEIVED SPECIAL DISPENSATIONS REGARDING HIS WORKING HOURS AND THE LOCATION OF HIS OFFICE AND WAS EXCUSED FROM MISSIONS OR TRAVELLING . IN 1980 THE COMMISSION ' S MEDICAL SERVICE CONFIRMED THAT IN VIEW OF THE VARIOUS ARRANGMENTS THAT HAD BEEN MADE THE APPLICANT ' S WORKING CONDITIONS WERE NOT LIKELY TO HARM HIS HEALTH .
14 THE COMMISSION ALSO MAINTAINS THAT THE RECOMMENDATIONS FOR PROMOTION SUBMITTED BY THE DIRECTORATES GENERAL ARE DRAWN UP AFTER CONSULTATION WITH THE DIRECTORS AND HEADS OF DIVISION OF THE ADMINISTRATIVE UNIT CONCERNED AND THAT ACCOUNT IS TAKEN SOLELY OF THE MERITS OF THE OFFICIALS UNDER CONSIDERATION ; ABSENCES FOR HEALTH REASONS OR SIMILAR CIRCUMSTANCES ARE DISREGARDED . THE REASON FOR WHICH THE APPLICANT ' S NAME WAS LEFT OFF THE LIST OF OFFICIALS PROPOSED IN 1979 ALTHOUGH HIS NAME WAS ON THE LISTS FOR 1977 AND 1978 WAS PROBABLY THAT AFTER 1979 THE LISTS OF THE DIRECTORATE GENERAL FOR AGRICULTURE WERE MUCH SHORTER THAN PREVIOUSLY ( EIGHT NAMES IN 1979 , SIX IN 1980 ). BESIDES , THE APPLICANT , WHO IN THE MEANTIME HAS BEEN ASSIGNED TO ANOTHER DIRECTORATE GENERAL , WAS PROMOTED IN 1984 TO GRADE A 4 .
15 SINCE THE COMMISSION HAS DENIED THE APPLICANT ' S ALLEGATION THAT THE REASON FOR WHICH HE WAS NOT PROMOTED IN THE 1982 PROMOTION PROCEDURE WAS A LACK OF COOPERATION AND EVEN A DEGREE OF ANIMOSITY ON THE PART OF HIS SUPERIORS , THE ONUS OF PROVING THAT ALLEGATION IS ON THE APPLICANT .
16 THE APPLICANT HAS PRODUCED A NUMBER OF MEMORANDA AND LETTERS SHOWING THE DIFFICULTIES WHICH HE EXPERIENCED IN FINDING A POSITION ENABLING HIM TO PERFORM SUITABLE DUTIES IN THE DIRECTORATE GENERAL TO WHICH HE BELONGED AT THE TIME . HOWEVER , THEY DO NOT SUGGEST ANY INTENTION ON THE PART OF HIS SUPERIORS OR THE COMMISSION DEPARTMENTS TO FRUSTRATE HIM IN THOSE EFFORTS .
17 AS FAR AS CONCERNS MORE PARTICULARLY THE PROMOTIONS IN 1982 , IT APPEARS THAT , DURING ITS EXAMINATION OF THE APPEALS LODGED BY THE OFFICIALS WHOSE NAMES DID NOT APPEAR ON THE LIST OF OFFICIALS PROPOSED FOR PROMOTION , THE PROMOTION COMMITTEE FOR CATEGORY A FOUND , AS IS STATED IN THE MINUTES OF ITS MEETING HELD ON 13 JULY 1982 , THAT : ' MR CASTILLE ' S CASE WAS EXAMINED CLOSELY BY THE COMMITTEE , WHICH NOTES WITH SATISFACTION THAT THE RECOMMENDATIONS MADE IN 1981 HAVE BEEN PUT INTO EFFECT : MR CASTILLE HAS FOUND A NEW POSITION WHICH SHOULD ENABLE HIM TO DEMONSTRATE HIS MERITS IN ORDER TO BE CONSIDERED AT A FUTURE DATE . '
18 CONSEQUENTLY , IT HAS NOT BEEN ESTABLISHED THAT THE FACT THAT THE APPLICANT WAS NOT PROMOTED IN THE 1982 PROMOTION PROCEDURE WAS DUE TO UNLAWFUL DISCRIMINATION OR A MISUSE OF POWER OR TO A NEGATIVE ATTITUDE ON