JUDGMENT OF 9. 7. 1981 — JOINED CASES 59 AND 129/80 TURNER ν COMMISSION

In Joined Cases 59 and 129/80

THE COURT (Second Chamber) composed of: P. Pescatore, President of Chamber, O. Due and A. Chloros, Judges, Advocate General: S. Rozès Registrar: J. A. Pompe, Deputy Registrar

gives the following

JUDGMENT

Facts and Issues

I — Summary of the facts

II — Written procedure

Ill — Conclusions of the parties

IV — Submissions and arguments of the parties in the written procedure

A — Admissibility

Β — The substance

1. Infringement of Article 7 (1) of the Staff Regulations

2. Misuse of power

3. Infringement of essential procedural requirements

4. Disregard of the duty of care

5. The application for damages

V — Oral procedure

Decision

Nature of duties: principal administrator to assist in:

Qualifications required:

The object of the action

Admissibility

The submission alleging disregard of the interests of the service

The submissions based on misuse of power and incorrect statement of reasons

The alteration of the applicant's duties within the medical branch

The decision to transfer the applicant

Some complaints common to the reassignment and the transfer

The action for damages

Costs