OF OFFICIALS ON MEASURES OF REORGANIZATION WHICH MAY AFFECT THEIR POSITION .
21 THE SECOND SUBMISSION MUST THEREFORE BE REJECTED .
22 IN HIS THIRD SUBMISSION, THE APPLICANT CLAIMS THAT THE COMMISSION INFRINGED ARTICLE 87 OF AND ANNEX IX TO THE STAFF REGULATIONS AND MISUSED ITS POWERS INASMUCH AS THE CONTESTED MEASURES WERE DESIGNED TO IMPOSE ON THE APPLICANT A DISGUISED DISCIPLINARY MEASURE BY REDUCING HIS DUTIES AND THE REMUNERATION WHICH HE ACTUALLY RECEIVED UNDER THE STAND-BY ALLOWANCE SYSTEM .
23 IN CONNECTION WITH THAT SUBMISSION, THE APPLICANT HAS CLAIMED THAT HE WAS ELECTED AS A TRADE-UNION REPRESENTATIVE BY THE STAFF BUT HE HAS ADDUCED NO EVIDENCE OF ANY LINK BETWEEN THAT CIRCUMSTANCE AND THE MEASURES OF WHICH HE COMPLAINS .
24 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE CONTESTED MEASURES DID NOT REDUCE THE APPLICANT' S DUTIES . IN THAT CONNECTION THE COMMISSION RIGHTLY STRESSED THAT THE ALLOCATION OF NEW DUTIES TO THE APPLICANT WAS SIMPLY A REASSIGNMENT DECIDED UPON IN THE INTERESTS OF THE SERVICE .
25 THE COMPLAINT THAT THE APPLICANT' S REMUNERATION WAS REDUCED IS BASED ON THE APPLICANT' S LOSS OF THE ALLOWANCE FOR STAND-BY DUTY WHEN HE GAVE UP HIS FORMER DUTIES . IN THAT REGARD IT IS SUFFICIENT TO STATE THAT THAT ALLOWANCE IS INTENDED TO COMPENSATE OFFICIALS FOR BEING OBLIGED TO REMAIN AT THE DISPOSAL OF THE INSTITUTION AND THEREFORE IT DOES NOT FORM PART OF THE SALARY ATTACHING TO THE OFFICIAL' S GRADE AND STEP . FURTHERMORE, AN OFFICIAL HAS NO RIGHT TO OCCUPY A POST THE HOLDER OF WHICH IS REGULARLY ON STAND-BY DUTY OUTSIDE NORMAL WORKING HOURS .
26 NO OTHER ARGUMENT CAPABLE OF ESTABLISHING A MISUSE OF POWERS HAS BEEN PUT FORWARD BY THE APPLICANT . CONSEQUENTLY, THE THIRD SUBMISSION CANNOT BE UPHELD .
27 THE APPLICATION MUST THEREFORE BE DISMISSED IN ITS ENTIRETY .
Decision on costs
COSTS
28 UNDER ARTICLE 70 OF THE RULES OF PROCEDURE, COSTS INCURRED BY THE INSTITUTIONS IN PROCEEDINGS BY SERVANTS OF THE COMMUNITIES ARE TO BE BORNE BY THE INSTITUTIONS, WITHOUT PREJUDICE TO THE PROVISIONS OF THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ), CONCERNING COSTS WHICH THE COURT CONSIDERS A PARTY TO HAVE UNREASONABLY OR VEXATIOUSLY CAUSED THE OPPOSITE PARTY TO INCUR .
29 THE COMMISSION HAS REQUESTED THE COURT TO APPLY THE LATTER PROVISION . IT CONSIDERS THAT THIS APPLICATION IS VEXATIOUS BECAUSE THE APPLICANT WAS HIMSELF THE CAUSE OF THE REORGANIZATION MEASURE OF WHICH HE COMPLAINS .
30 IT IS NOT APPROPRIATE TO ALLOW THAT REQUEST . THE COURT CONSIDERS IN PARTICULAR THAT THE DOCUMENTS AND INFORMATION AT ITS DISPOSAL DO NOT ENABLE IT TO DETERMINE WHO WAS RESPONSIBLE FOR THE DETERIORATION IN THE WORKING ATMOSPHERE WHICH WAS THE CAUSE OF THE REORGANIZATION OF THE SERVICE IN QUESTION .
Operative part
ON THOSE GROUNDS,
THE COURT ( FOURTH CHAMBER )
HEREBY :
( 1 ) DISMISSES THE APPLICATION;
( 2 ) ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .