LETTER CONTAINED NO REPLY TO THE SPECIFIC COMPLAINT SET OUT IN THE MEMORANDUM ANNEXED TO MR FEIPEL ' S APPLICATION FORM , WHICH ACCUSED THE COUNCIL OF HAVING GIVEN AN UNDERTAKING THAT THE A 2 POST DECLARED VACANT WAS TO BE ' ' FILLED BY A LUXEMBOURG OFFICIAL BY APPLICATION OF THE SO-CALLED PARACHUTE PROCEDURE ' ' AND THAT THAT OFFICIAL ' S NAME , HIS CURRICULUM VITAE AND HIS POST AT THAT TIME WERE KNOWN .
32 IN HIS COMPLAINT OF 15 OCTOBER 1981 TO THE SECRETARY GENERAL OF THE COUNCIL , WHICH IS ANNEXED TO HIS APPLICATION TO THE COURT , THE APPLICANT MAINTAINED THAT , IN THE COURSE OF THE 655TH MEETING OF THE COUNCIL , THE LUXEMBOURG MINISTER FOR FOREIGN AFFAIRS REQUESTED AND OBTAINED APPROVAL FOR THE PROPOSITION THAT THERE SHOULD BE A ' ' LUXEMBOURG OFFICIAL IN GRADE A 2 ' ' AND ' ' CLEARLY EXPRESSED THE VIEW THAT IT WAS NOT SUFFICIENT TO PROMOTE A LUXEMBOURG OFFICIAL IN GRADE A 3 , ALREADY EMPLOYED IN THE GENERAL SECRETARIAT OF THE COUNCIL ; A LUXEMBOURG NATIONAL FROM ' ' OUTSIDE THE INSTITUTION ' ' WOULD BE PRESENTED ( THE SO-CALLED ' ' PARACHUTE ' ' PROCEDURE ) IN CONSEQUENCE , THE APPLICANT CLAIMS TO BE ENTITLED TO SUPPOSE THAT THE GOVERNMENT OF THE MEMBER STATE CONCERNED AND THE APPOINTING AUTHORITY REACHED AGREEMENT IN ADVANCE ON THE APPOINTMENT OF A SPECIFIC PERSON TO A POST , EVEN BEFORE THE APPOINTING AUTHORITY INITIATED THE RECRUITMENT PROCEDURE , WHICH MUST , IN CONSEQUENCE , BE REGARDED AS UNLAWFUL . THAT COMPLAINT WAS DISMISSED BY THE APPOINTING AUTHORITY WHICH MADE NO RESPONSE TO THE SPECIFIC ACCUSATIONS RELATING TO THE RESERVATION OF THE NEWLY-CREATED A 2 POST FOR A NATIONAL OF A SPECIFIC STATE .
33 EVIDENCE OF THE EXCEPTIONAL TREATMENT ACCORDED TO MR KASEL ' S CANDIDATURE IS CONFIRMED BY THE IRREGULARITIES VITIATING THE RECRUITMENT PROCEDURE ADOPTED BY THE SECRETARY GENERAL AS IT IS DESCRIBED IN HIS ABOVE-MENTIONED MEMORANDUM OF 31 JANUARY 1983 .
34 IT APPEARS FROM THAT MEMORANDUM THAT THE APPLICATIONS OF 17 INTERNAL CANDIDATES WHO HAD SUBMITTED THEIR APPLICATIONS WITHIN THE PERIOD PRESCRIBED BY THE VACANCY NOTICE WERE CONSIDERED IN THE COURSE OF A MEETING WHICH TOOK PLACE ON 15 JULY 1981 AND AT WHICH , IN ADDITION TO THE SECRETARY GENERAL , THE DIRECTOR GENERAL OF ADMINISTRATION , THE DIRECTOR OF PERSONNEL AND THE HEAD OF THE PRIVATE OFFICE WERE PRESENT . IN ADDITION , THE SECRETARY GENERAL STATES THAT ' ' A SIMILAR EXAMINATION ' ' WAS CARRIED OUT ON 24 JULY 1981 FOR THE CANDIDATE FROM WITHIN THE INSTITUTION ( MR SACCHETTINI ) WHO HAD SUBMITTED HIS APPLICATION AFTER THE CLOSING DATE AND THAT , ' ' ON THE BASIS OF THE ABOVE-MENTIONED COMPARATIVE EXAMINATIONS ' ' HE DECIDED THAT ' ' NONE OF THE CANDIDATES SHOULD BE APPOINTED . ' ' ON 24 JULY 1981 THE SECRETARY GENERAL EXAMINED MR KASEL ' S APPLICATION AND , ON THE SAME DAY ,