POST IN QUESTION . ON THE CONTRARY, THE COMMISSION CONSIDERED THAT THE INTERESTS OF THE SERVICE WOULD BE BETTER SERVED BY THE APPOINTMENT OF MR CAPOGROSSI THAN BY THE APPOINTMENT OF MRS DELAUCHE .
10 THE FIRST SUBMISSION MUST THEREFORE BE DISMISSED AND IT IS NOT NECESSARY TO EXAMINE THE QUESTION WHETHER, IF THE CONDITIONS SET OUT BY MRS DELAUCHE ARE FULFILLED, THE CANDIDATE BELONGING TO THE UNDERREPRESENTED SEX IS IN FACT ENTITLED TO PREFERENCE .
THE SUBMISSION BASED ON THE LACK OF A STATEMENT OF REASONS
11 IN HER SECOND SUBMISSION, MRS DELAUCHE CLAIMS THAT THE CONTESTED DECISIONS ARE ILLEGAL BECAUSE THEY CONTAIN NO STATEMENT OF REASONS . THERE ARE TWO GROUNDS ON WHICH A STATEMENT OF REASONS SHOULD HAVE BEEN GIVEN .
12 THE FIRST GROUND IS THAT THE CHOICE MADE BY THE COMMISSION WAS A SURPRISING ONE . MRS DELAUCHE CONSIDERS THAT SHE CAN LAY CLAIM TO A BETTER KNOWLEDGE OF THE MATTERS LISTED IN THE VACANCY NOTICE AND TO GREATER MOBILITY THAN THE SUCCESSFUL CANDIDATE . FURTHERMORE, SHE EMPHASIZES THE FACT THAT SHE IS OLDER THAN HER FELLOW APPLICANT AND HAS GREATER SENIORITY THAN HIM IN THE INSTITUTION AND IN GRADE A 4 . THE COMMISSION OUGHT THEREFORE TO HAVE GIVEN A STATEMENT OF REASONS FOR ITS DECISION TO APPOINT MR CAPOGROSSI .
13 AS THE COURT HAS STATED, IN PARTICULAR IN ITS JUDGMENT OF 13 JULY 1972 IN CASE 90/71 BERNARDI V PARLIAMENT (( 1972 )) ECR 603 AND ITS JUDGMENT OF 30 OCTOBER 1974 IN CASE 188/73 GRASSI V COUNCIL (( 1974 )) ECR 1099, DECISIONS ON PROMOTION NEED NOT BE ACCOMPANIED BY A STATEMENT OF REASONS IN RESPECT OF THE PERSONS PROMOTED, SINCE THEY CANNOT BE ADVERSELY AFFECTED BY SUCH DECISIONS, OR IN RESPECT OF THE PERSONS NOT PROMOTED, SINCE THEY MIGHT BE HARMED BY SUCH A STATEMENT OF REASONS . MRS DELAUCHE' S FIRST ARGUMENT CANNOT THEREFORE BE ACCEPTED .
14 THE SECOND GROUND ON WHICH THE CONTESTED DECISIONS OUGHT TO HAVE CONTAINED A STATEMENT OF REASONS RELATES, IN MRS DELAUCHE' S VIEW, TO THE PARTICULAR REQUIREMENTS OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN . THAT IS TO SAY, THE APPOINTING AUTHORITY IS UNDER AN OBLIGATION TO PROVIDE A STATEMENT OF REASONS WHEN REJECTING A FEMALE APPLICANT IF THE CIRCUMSTANCES GIVE RISE TO A PRESUMPTION OF SEX DISCRIMINATION, AS IN THIS CASE . IN THE ABSENCE OF SUCH AN OBLIGATION TO PROVIDE A STATEMENT OF REASONS, A FEMALE CANDIDATE WHO WISHED TO PROVE DISCRIMINATION ON GROUNDS OF SEX WOULD BE SUBJECT TO AN IMPOSSIBLE BURDEN OF PROOF .
15 IN ITS JUDGMENT OF 12 FEBRUARY 1987 IN CASE 233/8 ( BONINO V COMMISSION (( 1987 )) ECR 739, THE COURT HAS ALREADY HELD THAT THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN DOES NOT GIVE RISE TO A DUTY TO PROVIDE A STATEMENT OF REASONS FOR DECISIONS ON PROMOTION EVEN THOUGH SOME OF THE CANDIDATES ARE WOMEN . MRS DELAUCHE' S SECOND ARGUMENT MUST THEREFORE ALSO BE REJECTED