CONDITION AS TO PUBLICATION BUT ONLY TO THE CIRCUMSTANCE THAT THE RECRUITMENT IS OF GRADE A 1 OR A 2 OFFICIALS OR TO 'POSTS WHICH REQUIRE SPECIAL QUALIFICATIONS '.
24 THE APPLICANTS MAINTAIN NEXT THAT NO REASONS WERE GIVEN FOR THE DECISION TO APPLY ARTICLE 29 ( 2 ), JUST AS THE DECISION NOT TO RESORT TO THE GENERAL COMPETITION PROCEDURE PROVIDED FOR BY THE LAST SENTENCE OF ARTICLE 29 ( 1 ) WAS NOT JUSTIFIED .
25 HOWEVER THE PROPOSAL CONCERNING APPOINTMENT TO THE CONTESTED POSTS WHICH WAS SENT ON 12 OCTOBER 1973 TO THE APPOINTING AUTHORITY SETS OUT IN SUFFICIENT DETAIL THE RESPECTS IN WHICH THE QUALIFICATIONS REQUIRED WERE SPECIAL .
26 THE APPLICANTS CONTEST THAT THE POSTS REQUIRED SPECIAL QUALIFICATIONS AND COULD ONLY BE FILLED BY MEANS OF THE SPECIAL PROCEDURE USED .
27 NEVERTHELESS IT IS FOR THE APPOINTING AUTHORITY TO DECIDE, SUBJECT TO REVIEW BY THE COURT, THE SPECIAL NATURE OF THE QUALIFICATIONS NECESSARY TO FILL A POST .
28 IT FOLLOWS FROM THE VACANCY NOTICES THAT IN THE PRESENT CASE THE SPECIAL QUALIFICATION REQUIRED WAS DESCRIBED EACH TIME AND IT HAS NOT APPEARED THAT IN SO DOING THE SAID AUTHORITY EXCEEDED THE LIMITS OF ITS DISCRETION .
29 THE APPLICANTS CLAIM THAT ARTICLE 7 AND THE THIRD PARAGRAPH OF ARTICLE 27 OF THE STAFF REGULATIONS HAVE BEEN INFRINGED IN THAT THE POSTS IN QUESTION WERE RESERVED FOR PERSONS OF A PARTICULAR NATIONALITY, IN THE PRESENT CASE ITALIAN .
30 IN SO DOING THE DEFENDANT IS SAID TO HAVE BEEN GUILTY OF A MISUSE OF POWERS WHICH EXPLAINS WHY IT DID NOT ORGANIZE EITHER INTERNAL OR GENERAL COMPETITIONS AND WHY IT HAD RECOURSE TO THE PROCEDURE LAID DOWN IN
ARTICLE 29 ( 2 ).
31 ACCORDING TO ARTICLE 7 AND THE THIRD PARAGRAPH OF ARTICLE 27 OF THE STAFF REGULATIONS, NO POSTS MAY BE RESERVED FOR NATIONALS OF ANY SPECIFIC MEMBER STATE AND EVERY APPOINTMENT MUST BE MADE WITHOUT REGARD TO NATIONALITY .
32 IT APPEARS FROM THE PROCEDURE THAT IN AGREEMENT WITH THE COUNCIL WHICH WAS ACTING AS BUDGETARY AUTHORITY, THE COMMISSION, IN ANTICIPATION OF THE 1973 BUDGET, HAD CREATED ON 25 OCTOBER 1972 20 POSTS IN CAREER BRACKET A 5 - A 4 OVER AND ABOVE THE OFFICIAL COMPLEMENT .
33 ACCORDING TO THE ACTUAL STATEMENTS OF THE DEFENDANT, IT WAS A QUESTION OF 'REMEDYING A GEOGRAPHICAL DISEQUILIBRIUM KNOWN TO ALL, AND WHICH WAS AGAINST THE INTERESTS OF A CERTAIN NATIONALITY, BY MEANS OF THE CHOICE MADE BY THE APPOINTING AUTHORITY OF CANDIDATES FROM AMONG PERSONS OF THAT NATIONALITY WHO FULFILLED COMPLETELY THE SPECIAL QUALIFICATIONS REQUIRED ...'.
34 THE NEED FOR THE COMMUNITY ADMINISTRATION TO REMEDY A GEOGRAPHICAL DISEQUILIBRIUM IN THE POSTS WITHIN ITS DEPARTMENTS WHEN RECRUITING MUST GIVE WAY TO THE REQUIREMENTS OF THE INTERESTS OF THE SERVICE AND THE CONSIDERATION OF THE PERSONAL MERITS OF THE CANDIDATES .
35 IN THE CASE OF VACANCY NOTICES COM/939/72, COM/940/72 AND COM/943/72, HOWEVER, WHERE THE REQUIREMENTS WERE RESPECTIVELY A 'THOROUGH KNOWLEDGE OF THE PARTICULAR