Keywords
Summary

Keywords

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1 . OFFICIALS - RULES RELATING TO ACTING AS DEPUTY FOR ANOTHER OFFICIAL - POWERS OF THE ADMINISTRATION - RULES RELATING TO TEMPORARY POSTING - APPLICATION OF THOSE RULES RESERVED FOR OFFICIALS IN THE SAME CATEGORY AS THOSE TO BE REPLACED

( STAFF REGULATIONS OF OFFICIALS OF THE EEC, ARTICLE 7 )

2 . COSTS - ORDER FOR EACH PARTY TO BEAR OWN COSTS - EXCEPTIONAL CIRCUMSTANCES

( RULES OF PROCEDURE, ARTICLE 69(3 ))

Summary

1 . THE SYSTEM FOR THE TEMPORARY REPLACEMENT OF ABSENT OFFICERS FORMS PART OF THE GENERAL POWERS OF ANY ADMINISTRATION IN RESPECT OF THE ORGANIZATION OF ITS DEPARTMENTS, WHICH IT MAY USE FOR THE PURPOSE OF ENSURING THE CONTINUITY OF THE SERVICE WHEN THE HOLDER OF A POST IS ABSENT OR PREVENTED FROM ATTENDING TO HIS DUTIES . SUCH REPLACEMENT MAY ONLY CONTINUE FOR AS LONG AS IS REQUIRED FOR THE NORMAL FUNCTIONING OF THE DEPARTMENT, HAVING REGARD TO THE OBJECTIVE NEEDS OF THAT DEPARTMENT . SINCE TEMPORARY POSTING IS ONLY PERMISSIBLE WITHIN THE CATEGORY OF THE OFFICIAL TO BE REPLACED, IT CANNOT BE APPLIED TO A PERSON REPLACING AN OFFICIAL IN A CATEGORY OTHER THAN HIS OWN .

2 . EXCEPTIONAL CIRCUMSTANCES JUSTIFYING AN ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART EXIST WHERE THE SILENCE OF A LEGAL PROVISION AS TO THE POSITION IN LAW OF THE APPLICANT WAS SUCH AS TO CREATE DOUBTS REGARDING THE RULES OF LAW APPLICABLE .