APPOINTING ANOTHER CANDIDATE TO THAT POST PURSUANT TO ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS , AND ( II ) AN ORDER REQUIRING THE COMMISSION TO PAY HIM NOMINAL DAMAGES OF ONE FRANC IN COMPENSATION FOR THE NON DAMAGE ALLEGEDLY SUFFERED BY HIM IN CONSEQUENCE OF THOSE DECISIONS .
2 THE APPLICANT , WHO IS A NETHERLANDS NATIONAL , ENTERED THE SERVICE OF THE COMMISSION IN 1962 AS AN ADMINISTRATOR IN EURATOM ' S DIRECTORATE-GENERAL FOR INDUSTRY . HE WAS APPOINTED A PRINCIPAL ADMINISTRATOR IN 1964 AND SINCE 1971 HAS HELD A GRADE A 4 POST IN THE SAFEGUARDS DIRECTORATE , DIVISION F 1 ( INSPECTION ). FROM 1982 TO 1983 THE APPLICANT WAS CALLED UPON TO SERVE AS A REPLACEMENT FOR THE HEAD OF DIVISION F 1 , MR BOMMELLE , A FRENCH NATIONAL , WHO WAS ILL .
3 FROM DOCUMENTS BEFORE THE COURT AND FROM EXPLANATIONS SUPPLIED AT THE HEARING BY THE DIRECTOR-GENERAL , MR AUDLAND , IT APPEARS THAT THE POSSIBILITY OF FINDING A FRENCH NATIONAL TO SUCCEED MR BOMMELLE WAS RAISED AS EARLY AS 1982 IN DISCUSSIONS BETWEEN MR AUDLAND AND OFFICIALS OF THE FRENCH ATOMIC ENERGY COMMISSION , WHICH FORWARDED THE CURRICULA VITAE OF TWO POTENTIAL CANDIDATES . THEY WERE INTERVIEWED BY MR AUDLAND AMONGST OTHERS . ON THE BASIS OF THOSE INTERVIEWS , MR AUDLAND ON 22 MARCH 1983 SENT A MEMORANDUM TO THE VICE-PRESIDENT OF THE COMMISSION , MR DAVIGNON , WHICH STATED THAT ' SHOULD THE COMMISSION DECIDE TO FOLLOW THE PROCEDURE UNDER ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS ( PUBLICIZING THE POST OUTSIDE THE INSTITUTIONS ) ' , THE CANDIDATURE OF ONE OF THE PERSONS PROPOSED , MR MATH , ' APPEARS LIKELY TO BE ADOPTED IN VIEW OF HIS COMPETENCE AND THE IMPRESSION HE HAS GIVEN OF HAVING THE MANAGEMENT QUALITIES REQUIRED FOR THE DUTIES WHICH HE WILL BE CALLED UPON TO CARRY OUT ON THE MORE PRACTICAL SIDE OF THE WORK OF THE DIVISION IN QUESTION ' .
4 MR BOMMELLE ' S POST FELL VACANT ON 1 APRIL 1983 AND THE PROCEDURE FOR FILLING THE POST WAS INITIATED BY VACANCY NOTICE NO COM/963/83 OF 19 MAY 1983 , WHICH STATED INTER ALIA AS FOLLOWS :
' DESCRIPTION AND NATURE OF POST :
MANAGEMENT AND ORGANIZATION OF THE WORK OF DIVISION F 1 ( INSPECTION ) WITH RESPONSIBILITIES WITHIN THE EURATOM SAFEGUARDS SECTOR FOR :
SUPERVISION AND COORDINATION OF THE PLANNING AND CARRYING OUT OF INSPECTIONS ;
SUPERVISION OF THE RECORDING AND TREATMENT OF INFORMATION ACQUIRED IN THE COURSE OF INSPECTIONS AND SUPERVISION AND FOLLOWING-UP OF INSPECTION REPORTS ;
SUPERVISION OF THE PREPARATION OF SPECIFIC INSPECTION MEASURES AND OF THE PREPARATION OF THE SPECIMEN FORMS FOR EACH INSTALLATION ;
PARTICIPATION IN NEGOTIATIONS WITH NATIONAL AND INTERNATIONAL AUTHORITIES ;
WHERE NECESSARY , CONDUCTING INSPECTIONS PURSUANT TO CHAPTER VII OF THE EAEC TREATY .
QUALIFICATIONS REQUIRED :
( 1 ) ...
( 2)THOROUGH KNOWLEDGE OF THE NUCLEAR PRODUCTION CYCLE AND THE MANAGEMENT OF