In that regard, the fact that an official requested to be appointed to a post of head of unit and that the appointing authority did not accede to that request, but reassigned the official from a post of advisor to another advisor post, is not in itself enough to classify the contested decision as a retaliatory measure against the official concerned.

Although narrower market definitions might be envisaged in certain cases, the precise definition of the relevant market can be left open for the purposes of this Decision as far as a number of the services listed in the request submitted by Sweden Post are concerned to the extent that the result of the analysis remains the same whether it is based on a narrow or a broader definition.

The request submitted by Sweden Post concerns certain postal services as well as certain services other than postal services in Sweden.

Luxembourg has requested the replacement of the titles ‘paediatric nurse’ (‘infirmier puériculteur’) by ‘infirmier en pédiatrie’ (no amendment to the English translation), ‘nurse — anaesthetics’ (‘infirmier anesthésiste’) by ‘nurse — anaesthetics and intensive care’ (‘infirmier en anesthésie et réanimation’) and ‘qualified masseur/masseuse’ (‘masseur diplômé’) by ‘masseur/masseuse’ (‘masseur’), following the amended Act of 26 March 1992 on the performance and revaluation of certain health professions.

Luxembourg has requested the replacement of the titles ‘paediatric nurse’ (‘infirmier puériculteur’) by ‘infirmier en pédiatrie’ (no amendment to the English translation), ‘nurse — anaesthetics’ (‘infirmier anesthésiste’) by ‘nurse — anaesthetics and intensive care’ (‘infirmier en anesthésie et réanimation’) and ‘qualified masseur/masseuse’ (‘masseur diplômé’) by ‘masseur/masseuse’ (‘masseur’), following the amended Act of 26 March 1992 on the performance and revaluation of certain health professions.

(B) the second subparagraph is replaced by the following:"In such case the institution in which the official serves shall, taking into account the official's basic salary, age and exchange rate at the date of application for a transfer, determine by means of general implementing provisions the number of years of pensionable service with which he shall be credited under the Community pension scheme in respect of the former period of service, on the basis of the capital transferred, after deducting an amount representing capital appreciation between the date of the application for a transfer and the actual date of the transfer".