Judgment_paragraph 74 · Mariette Turner v European Commission (T-80/92)

74The Commission counters that, according to settled case-law, the requirements of the duty to have regard to the interests of officials cannot prevent the appointing authority from adopting the measures it believes necessary in the interests of the service (judgments of the Court of Justice in Case 123/75 Küster v Parliament [1976] ECR 1701 and Case 111/86 Delauche v Commission [1987] ECR 5345). It adds that, under the case-law of the Court of First Instance, ‘the filling of each post must be based primarily on the interest of the service’ and ‘the administration's duty to have regard to the interests of its staff reflects the balance of reciprocal rights and obligations established by the Staff Regulations in relations between the public authority and civil service employees’(Moritz v Commission, paragraph 39).