Keywords
Summary

Keywords

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1 . Officials - Actions - Interest in bringing proceedings - Action against a decision affecting the applicant' s future financial position - No immediate damage - Admissibility

( Staff Regulations, Art . 91 )

2 . Officials - Organization of departments - Assignment of staff - Discretion of the administration - Limits - Interests of the service - Compliance with the principle of assignment to an equivalent post - Consideration of the interests of the official concerned

Summary

1 . Even in the absence of any immediate damage an action by an official against a decision affecting his future financial position is admissible because he has a legitimate, present and vested interest in having an uncertain factor in his status decided forthwith by the Court .

2 . Although the institutions have a broad discretion to organize their departments and to assign staff, the balance of rights and obligations established by the Staff Regulations in the relationship between the public authority and civil servants means that when the appointing authority takes a decision concerning the situation of an official it should take into consideration all the factors which may affect its decision and that in assigning an official it should take into account not only the interests of the service and the principle of assignment to an equivalent post but the rights and legitimate interests of the official concerned .