This document is an excerpt from the EUR-Lex website
Document 61982CJ0131
Povzetek sodbe
Povzetek sodbe
1 . OFFICIALS - RETIREMENT - DISCRETIONARY POWER OF THE ADMINISTRATION - SCOPE
( STAFF REGULATIONS , ART . 50 )
2 . OFFICIALS - ORGANIZATION OF DEPARTMENTS - DISCRETIONARY POWER OF THE ADMINISTRATION
3 . OFFICIALS - RETIREMENT - DISCRETIONARY POWER OF THE ADMINISTRATION - SCOPE - DECISION NOT TO ASSIGN AN OFFICIAL WHO HAS BEEN RETIRED TO ANOTHER POST - DEFENCE OF THE INTERESTS OF THE EMPLOYEE CONCERNED
( STAFF REGULATIONS , ART . 50 )
1 . THE COMMUNITY INSTITUTIONS HAVE A WIDE DISCRETIONARY POWER REGARDING DECISIONS RETIRING OFFICIALS IN GRADES A 1 AND A 2 . A POWER OF THAT KIND PRESUPPOSES CONSIDERABLE FREEDOM OF DECISION REGARDING THE OBJECTIVE REQUIREMENTS OF THE SERVICE AND THE ASSESSMENT OF THE INDIVIDUAL QUALITIES OF THE OFFICIALS CONCERNED AND ALSO A SCRUPULOUS EXAMINATION OF THE RELEVANT INFORMATION .
2 . THE INSTITUTIONS ARE EMPOWERED TO ORGANIZE AND REORGANIZE THEIR DEPARTMENTS ACCORDING TO THEIR REQUIREMENTS .
3 . THE COMMUNITY INSTITUTIONS ARE VESTED WITH A WIDE DISCRETIONARY POWER WITH REGARD TO ANY DECISION TO REASSIGN OFFICIALS TO ANOTHER POST IN THE SAME GRADE . OFFICIALS WHOM THE COMMISSION HAS DECIDED TO RETIRE DO NOT ENJOY ANY PREFERENCE IN THAT RESPECT OVER THE OTHER OFFICIALS WHO QUALIFY FOR CONSIDERATION . THEY MUST HOWEVER HAVE AN ADEQUATE OPPORTUNITY PROPERLY TO SAFEGUARD THEIR INTERESTS .