Kruse v Commission (Judgment): ECJ 22 Oct 1981

1. Whilst it cannot be denied that the administration has every interest in assigning its officials to posts which accord with their particular aptitudes and their personal preference , an official cannot for all that be recognized as having a right to perform or to retain specific duties, or to refuse any other duties pertaining to his basic post. The only right guaranteed to officials by the staff regulations is to have duties assigned to them which correspond to their grade and basic post.
2. Article 24 of the staff regulations, which imposes an obligation upon the institution to facilitate the further training and instruction of officials to a degree which is compatible with the requirements of the efficient functioning of the departments , does not concern their assignment and may not therefore be relied upon by an official in support of his retaining his previous assignments.
3. It is proper to apply the second subparagraph of article 69 (3) of the rules of procedure , pursuant to which the court may order even a successful party to pay costs which the court considers that party by its conduct to have caused the opposite party to incur , to an institution which has led an official to bring an application by itself bringing about an abnormal situation and arousing in the applicant expectations which are understandable but unjustified
C-218/80, [1981] EUECJ C-218/80

Updated: 26 October 2021; Ref: scu.133135