A LETTER DATED 12 AUGUST 1985 , INFORMED MR SCHWIERING , AS WELL AS THE 13 OTHER CANDIDATES EXCLUDED FROM THE COMPETITION , THAT HE MIGHT SUBMIT BEFORE 30 SEPTEMBER 1985 PURSUANT TO ARTICLE 2 OF ANNEX III TO THE STAFF REGULATIONS ANY OBSERVATIONS ON THE DECISION NOT TO ADMIT HIM . THE LETTER STATED THAT IT WAS NOT POSSIBLE TO SUBMIT FURTHER DOCUMENTS .
6 BY A MEMORANDUM DATED 4 OCTOBER 1985 THE APPOINTING AUTHORITIY INFORMED THE SELECTION BOARD OF ITS INTERPRETATION OF ' ATTESTING DOCUMENTS ' :
' AS REGARDS ATTESTING DOCUMENTS , THE SECOND PARAGRAPH OF ARTICLE 2 OF ANNEX III TO THE STAFF REGULATIONS GIVES THE SELECTION BOARD THE POWER TO REQUIRE CANDIDATES , IN CASE OF DOUBT , TO FURNISH ADDITIONAL DOCUMENTS OR INFORMATION . SINCE THE PRESENT CASE CONCERNS AN INTERNAL COMPETITION IN WHICH THERE IS A LIMITED NUMBER OF CANDIDATES ( 14 ), SOME OF WHOM ARE ESTABLISHED OFFICIALS , THE DUTY TO HAVE REGARD TO THEIR INTERESTS REQUIRES THE SELECTION BOARD TO APPLY THAT PROVISION . MOREOVER , UNLIKE NOTICES OF OPEN COMPETITIONS , THE TERMS OF THE NOTICE OF COMPETITION IN QUESTION DO NOT REQUIRE THE PRODUCTION AT THIS STAGE OF THE PROCEDURE OF ORIGINAL DOCUMENTS OR CERTIFIED COPIES . '
7 IN SPITE OF THAT MEMORANDUM AND A REQUEST MADE ON 22 AUGUST 1985 BY MR SCHWIERING TO THE CHAIRMAN OF THE SELECTION BOARD ASKING HIM TO RECONSIDER THE DECISION TO REFUSE HIM ADMISSION TO THE COMPETITION , THE SELECTION BOARD , BY DECISION OF 28 OCTOBER 1985 , CONFIRMED ON THE SAME GROUNDS ITS DECISION OF 2 AUGUST 1985 REFUSING TO ALLOW MR SCHWIERING TO TAKE PART IN THE COMPETITION . THAT DECISION IS THE SUBJECT OF THE PRESENT APPLICATION .
8 THE APPLICANT CLAIMS THAT HE SATISFIES ALL THE CONDITIONS FOR ADMISSION TO THE COMPETITION AND THAT THE SELECTION BOARD REJECTED HIS APPLICATION AFTER WRONGLY INTERPRETING THE WORDS ' ATTESTING DOCUMENTS ' - WHICH IS NOT , MOREOVER , A TERM USED IN CIVIL SERVICE LAW - AS MEANING AN ' ORIGINAL ' OR A ' CERTIFIED COPY ' . CONSEQUENTLY , THE SELECTION BOARD DISREGARDED ITS DUTY TO HAVE REGARD TO THE INTERESTS OF MEMBERS OF STAFF OF THE INSTITUTION SINCE ARTICLE 2 OF ANNEX III TO THE STAFF REGULATIONS ALLOWED THE SELECTION BOARD IN CASE OF DOUBT TO REQUIRE THAT THE PHOTOCOPIES THAT HE HAD PRODUCED SHOULD BE CERTIFIED AS TRUE COPIES OF THE ORIGINALS . THEREFORE , IN ITS DECISION OF 28 OCTOBER 1985 , THE SELECTION BOARD WRONGLY FAILED TO AMEND ITS ORIGINAL DECISION OF 2 AUGUST 1985 , IN SPITE OF THE OBSERVATIONS MADE BY THE APPLICANT IN HIS LETTER OF 22 AUGUST 1985 AND THE INFORMATION PROVIDED BY THE APPOINTING AUTHORITY .
9 THE COURT OF AUDITORS TAKES THE VIEW THAT THE APPLICATION IS WELL FOUNDED . IN ITS VIEW , THE SELECTION BOARD ' S EXPLANATIONS CONTAINED IN THE LETTERS WHICH IT SENT TO THE APPLICANT ON 2 AUGUST AND 28