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Document 61972CJ0035
Sumário do acórdão
Sumário do acórdão
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1 . OFFICIALS - RECRUITMENT - TRANSFER WITHIN THE INSTITUTION - ACT ADVERSELY AFFECTING OFFICIAL - CRITERIA - STATEMENT OF REASONS
( STAFF REGULATIONS, ART . 25, ART . 91 )
2 . OFFICIALS - ABILITY - ASSESSMENT - COMPETENCE OF ADMINISTRATION
( STAFF REGULATIONS, ART . 43 )
1 . EVEN IF A DECISION ON TRANSFER WITHIN THE INSTITUTION DOES NOT AFFECT THE MATERIAL INTERESTS OR RANK OF AN OFFICIAL IT MAY, HAVING REGARD TO THE NATURE OF THE DUTIES IN QUESTION AND TO THE CIRCUMSTANCES, ADVERSELY AFFECT THE MORALE AND FUTURE PROSPECTS OF THE EMPLOYEE CONCERNED .
A TRANSFER DECISION TAKEN AGAINST THE WISHES OF THE PERSON CONCERNED IS AN ACT ADVERSELY AFFECTING HIM WITHIN THE MEANING OF ARTICLE 25 OF THE REGULATIONS AND THE REASONS ON WHICH IT IS BASED MUST THEREFORE BE STATED .
2 . ASSESSMENT OF THE ABILITY OF AN OFFICIAL IS A MATTER WITHIN THE COMPETENCE OF THE ADMINISTRATION .