IN ITS JUDGMENT OF 12 JULY 1979 ( CASE 124/78 ( 1979 ) ECR 2499 ) THE COURT DISMISSED AN ACTION BROUGHT BY THE APPLICANT SEEKING , INTER ALIA , THE ANNULMENT OF CERTAIN OF THE ABOVE-MENTIONED MEASURES .
3 IN FEBRUARY 1978 THE APPLICANT LODGED A COMPLAINT THAT THE WORK ENTRUSTED TO HIM BY MR CIANCIO WAS OF AN INADEQUATE QUANTITY AND LEVEL . THAT COMPLAINT WAS REJECTED AND THE APPLICANT DID NOT BRING THE MATTER BEFORE THE COURT .
4 ON 20 FEBRUARY 1981 THE APPLICANT WAS SECONDED TO DIRECTORATE GENERAL II . ON 26 FEBRUARY 1981 HE LODGED A COMPLAINT THAT HE HAD BEEN DEPRIVED OF WORK FOR A PERIOD OF MORE THAN 12 MONTHS AND THAT AFTER BEING RE-ASSIGNED TO DIRECTORATE GENERAL II HE HAD RECEIVED ONLY TRANSLATION WORK OF INSUFFICIENT QUANTITY , WHEREAS HE WAS A REVISER IN GRADE LA 4 .
5 IN THE MEANTIME THE APPLICANT HAD APPLIED , INTER ALIA , FOR POSTS OF HEAD OF GROUP IN THE GERMAN TRANSLATION DIVISION ADVERTISED IN VACANCY NOTICES NOS COM/895 TO COM/901/80 . UPON BEING INFORMED IN MARCH 1981 THAT HIS APPLICATION HAD BEEN UNSUCCESSFUL AND KNOWING THAT HIS PERIODIC REPORT FOR THE YEARS 1977 TO 1979 HAD NOT BEEN MADE AVAILABLE TO THE APPOINTING AUTHORITY , THE APPLICANT LODGED ON 20 MARCH 1981 A COMPLAINT RELATING TO THE REJECTION OF HIS APPLICATION AND THE DELAY IN COMPILING HIS PERIODIC REPORT .
6 THE CONTESTED MEASURES , AS DESCRIBED IN THE APPLICATION AND SPECIFIED IN THE ORAL PROCEDURE , ARE AS FOLLOWS :
THE DISGUISED DISCIPLINARY MEASURE WHEREBY THE APPLICANT WAS DEPRIVED OF WORK FOR MORE THAN 12 MONTHS ;
THE ASSIGNMENT OF THE APPLICANT TO DIRECTORATE GENERAL II IN VIEW OF HIS WORKING CONDITIONS THERE ;
THE PROCEDURE RELATING TO THE APPOINTMENT OF HEADS OF GROUP FOLLOWING THE AFORESAID VACANCY NOTICES , INCLUDING APPOINTMENTS ALREADY MADE .
THE ALLEGED DISGUISED DISCIPLINARY MEASURE
7 THE APPLICANT STATES THAT HE WAS DEPRIVED OF WORK FROM OCTOBER 1979 UNTIL NOVEMBER 1980 . TO DEPRIVE AN OFFICIAL OF WORK IS TO AFFECT HIM ADVERSELY AND IS THUS A DISCIPLINARY MEASURE . IN THE PRESENT CASE SUCH A DISCIPLINARY MEASURE IS QUITE UNJUSTIFIED AND , MOREOVER , WAS TAKEN WITHOUT OBSERVANCE OF THE FORMALITIES FOR DISCIPLINARY MEASURES PROVIDED IN PARTICULAR IN ANNEX IX TO THE STAFF REGULATIONS .
8 THE COMMISSION HAS BEEN UNABLE TO PROVIDE THE COURT WITH DETAILS OF THE AMOUNT OF WORK ENTRUSTED TO THE APPLICANT BEFORE HIS SECONDMENT TO DIRECTORATE GENERAL II BUT ADMITS THAT FOR A CERTAIN PERIOD HIS WORK LOAD WAS MINIMAL . IT DENIES HOWEVER THAT THE APPLICANT ' S WORK SITUATION AMOUNTED TO A DISCIPLINARY MEASURE .
9 IN THE ABSENCE OF SUFFICIENT INFORMATION FROM THE COMMISSION IT MUST BE CONCLUDED THAT FOR A PERIOD OF MORE THAN A YEAR THE APPLICANT WAS LEFT VIRTUALLY WITHOUT WORK . ALTHOUGH THE DIFFICULTIES PREVIOUSLY ENCOUNTERED BY THE APPOINTING AUTHORITY IN ATTEMPTING TO FIND A SUITABLE POSTING FOR THE APPLICANT MAY JUSTIFY A