INFRINGED ARTICLE 24 OF THE STAFF REGULATIONS , BY FAILING TO FULFIL ITS DUTY OF ASSISTANCE TO ITS OFFICIALS , BUT HAS ALSO MISUSED ITS POWERS AS REGARDS THE APPLICANT .
17 AS HAS ALREADY BEEN STATED THE ROTATION SCHEME APPLICABLE TO THE PRESENT CASE IS BASED ON THE PRINCIPLE THAT THE NORMAL PERIOD OF ASSIGNMENT IN NON-MEMBER COUNTRIES IS TO BE THREE YEARS AND THAT ON THE EXPIRY OF THAT PERIOD THE ASSIGNMENT ' ' MAY ' ' POSSIBLY BE RENEWED FROM YEAR TO YEAR FOR A MAXIMUM DURATION OF SIX YEARS .
18 IT IS NOT DISPUTED THAT IN THE PRESENT CASE THE APPLICANT WAS ASSIGNED TO SANTIAGO AS FROM 1 AUGUST 1973 AND THAT IT WAS ONLY ON 5 DECEMBER 1977 THAT THE ROTATION COMMITTEE DECIDED TO ENTER HIS NAME ON THE LIST OF THOSE TO BE CONSIDERED FOR ROTATION IN RESPECT OF 1978 AND 1979 . IT IS ALSO COMMON GROUND THAT THE ASSIGNMENT TERMINATED ON 1 JANUARY 1979 . IT FOLLOWS THAT AT THE TIME OF HIS REASSIGNMENT TO BRUSSELS THE APPLICANT HAD LONG SINCE COMPLETED THE PERIOD OF THREE YEARS ENVISAGED AS BEING THE NORMAL DURATION OF AN ASSIGNMENT IN NON-MEMBER COUNTRIES AND HAD ALL BUT REACHED THE MAXIMUM DURATION OF HIS ASSIGNMENT . IN ACCORDANCE WITH THE GENERAL PROVISIONS GOVERNING THE ROTATION SCHEME AT ISSUE HIS REASSIGNMENT TO BRUSSELS WAS THUS A MEASURE WHICH THE COMMISSION WAS ENTITLED TO ADOPT IN RESPECT OF STAFF ASSIGNED TO NON-MEMBER COUNTRIES .
19 MOREOVER , THE FACTS ALLEGED BY THE APPLICANT DO NOT PROVE THAT THE CONTESTED DECISION WAS INFLUENCED BY THE DISCIPLINARY PROCEEDINGS INITIATED AGAINST HIM . INDEED IT IS CLEAR THAT THE TERMINATION OF THE APPLICANT ' S ASSIGNMENT TO SANTIAGO AND HIS REASSIGNMENT TO BRUSSELS HAD ALREADY BEEN ENVISAGED AS EARLY AS 5 DECEMBER 1977 WHEN THE ROTATION COMMITTEE ENTERED HIS NAME ON THE DRAFT LIST OF OFFICIALS WHO MIGHT BE CONSIDERED FOR REASSIGNMENT IN RESPECT OF 1978 AND 1979 , IN OTHER WORDS WELL BEFORE 19 JUNE 1978 , THE DATE ON WHICH THE APPLICANT ' S IMMEDIATE SUPERIOR IN SANTIAGO SENT TO THE ASSISTANT TO THE DIRECTOR-GENERAL OF THE DIRECTORATE-GENERAL FOR EXTERNAL RELATIONS THE MEMORANDUM WHICH GAVE RISE TO THE SENDING TO SANTIAGO OF A COMMISSION OF INQUIRY AND AS A RESULT TO THE OPENING OF THE DISCIPLINARY PROCEEDINGS .
20 FURTHERMORE , THE FACT THAT THE REASSIGNMENT OF THE APPLICANT TO BRUSSELS WAS CONTEMPLATED AND PROPOSED BY AN AD HOC BODY , THE ROTATION COMMITTEE , WHOSE DUTY IT WAS TO DRAW UP PERIODICALLY THE STAFF ROTATION LIST IN RESPECT OF ASSIGNMENTS TO NON-MEMBER COUNTRIES , AND NOT BY THE APPOINTING AUTHORITY WHICH INITIATED THE DISCIPLINARY PROCEEDINGS LIKEWISE MAKES IT EVIDENT THAT THE CONTESTED REASSIGNMENT WAS NOT LINKED TO THE OPENING OF THOSE PROCEEDINGS .
21 THE THIRD SUBMISSION MUST THEREFORE BE REJECTED .
22 ON ALL THOSE GROUNDS THE APPLICATION MUST THEREFORE BE DISMISSED AS UNFOUNDED .
Decision on costs
23 PURSUANT TO THE FIRST SUBPARAGRAPH OF ARTICLE 69(2