39As regards the substance of the plea, the EEA submits that the Court of First Instance was right in finding in the contested judgment that the decision of 24 September 1999 was not, in this case, a result of the letter of 22 September 1999 from the Commission's DG IX, as Mr Hirschfeldt contends, but was adopted because the competition in issue was held purely to remedy the anomalous administrative status of the appellant, which, under the case-law of the Court of Justice, constitutes a misuse of powers (see, inter alia, Case 105/75 Giuffrida v Council [1976] ECR 1395, and Case 142/85 Schwiering v Court of Auditors [1986] ECR 3177). In those circumstances, organising an internal competition was clearly not in the interests of the service.
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