Judgment of the Court of First Instance (Fifth Chamber) 10 July 1992

In Joined Cases T-59/91 and T-79/91,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), composed of: K. Lenaerts, President, H. Kirschner and D. Barrington, Judges, Registrar: P. van Ypersele de Strihou, Legal Secretary,

having regard to the written procedure and further to the hearing on 4 June 1992

gives the following

Judgment

The facts

Forms of order sought

Substance

The first action

Non-compliance with the redeployment proccedure

Infringement of Article 7(1) of the Staff Reguhtions

The existence of a misuse of powers

Breach of the duty to have regard to the interests of officials

Breach of the principle of the protection of legitimate expectations

Breach of the principle of non-discrimination

Failure to state the reasons on which a measure is based

The second action

The illegality of Vacancy Notice No COM/164/90

The illegality of the rejection of the applicant's candidature for his former post

The appointment of Mr V.

Costs

1 Language of the case: French.