TO LUXEMBOURG THE THIRD SUCCESSFUL CANDIDATE ACCEPTED IT AND WAS DULY APPOINTED .
5WHEN SUBSEQUENTLY IN THE COURSE OF 1976 TWO POSTS FOR TRANSLATORS OF FRENCH MOTHER TONGUE BECAME VACANT IN THE SERVICES OF THE COMMISSION IN BRUSSELS MISS F . WAS APPOINTED TO ONE OF THEM WHILE THE OTHER WAS FILLED BY THE TRANSFER TO BRUSSELS OF AN OFFICIAL EMPLOYED IN LUXEMBOURG .
6ALTHOUGH THE FINAL DATE FOR THE VALIDITY OF THE LIST OF SUITABLE CANDIDATES DRAWN UP IN CONSEQUENCE OF THE AFOREMENTIONED INTERNAL COMPETITION WAS DEFERRED FROM 31 DECEMBER 1976 TO 28 FEBRUARY 1977 THE APPLICANT REMAINED AFTER THE EXPIRY OF THAT PERIOD THE ONLY SUCCESSFUL CANDIDATE IN THAT COMPETITION NOT TO HAVE BEEN APPOINTED TO A POST OF ASSISTANT TRANSLATOR .
7BY A COMPLAINT BY WAY OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS SUBMITTED TO THE APPOINTING AUTHORITY ON 27 MAY 1977 THE APPLICANT STATED THAT THE DECISION NOT TO APPOINT HER TO A POST OF ASSISTANT TRANSLATOR IN BRUSSELS CONSTITUTED DISCRIMINATORY TREATMENT AND IS THEREFORE AN ACT ADVERSELY AFFECTING HER .
8SHE REQUESTED THAT THAT SITUATION BE REMEDIED AND THAT SHE BE APPOINTED ' ' TO A POST OF ASSISTANT TRANSLATOR IN THE TRANSLATION DEPARTMENT . . . IN BRUSSELS , IN THE SAME WAY AS THE OTHER SUCCESSFUL CANDIDATE OF FRENCH MOTHER TONGUE IN INTERNAL COMPETITION NO COM/LA/11/75 ' ' .
9SINCE NO REPLY WAS RECEIVED TO THAT COMPLAINT , ON 22 DECEMBER 1977 THE APPLICANT LODGED THE PRESENT APPLICATION WHICH WAS RECEIVED AT THE COURT REGISTRY ON 23 DECEMBER 1977 . THE APPLICATION SEEKS THE ANNULMENT OF THE IMPLIED DECISION REJECTING THE COMPLAINT AS WELL AS OF THE REFUSAL OF THE COMMISSION EITHER TO PROMOTE THE APPLICANT TO A POST OF ASSISTANT TRANSLATOR IN CAREER BRACKET L/A 8-LA 7 OR TO EXTEND FURTHER THE DURATION OF VALIDITY OF THE COMPETITION .
10IN SUPPORT OF HER CONCLUSIONS THE APPLICANT MAINTAINS IN PARTICULAR THAT THE COMMISSION HAS FAILED TO FULFIL ITS OBLIGATION TO ENSURE THE NORMAL DEVELOPMENT OF HER CAREER AS WELL AS , ON A MORE GENERAL LEVEL , ITS OBLIGATIONS DERIVING FROM ARTICLE 24 OF THE STAFF REGULATIONS .
11SHE COMPLAINS IN PARTICULAR THAT THE COMMISSION FAILED TO TAKE HER ADVANCED VOCATIONAL TRAINING INTO ACCOUNT ( IN THIS INSTANCE DULY CERTIFIED FURTHER EDUCATION AT UNIVERSITY LEVEL ) WHEN FILLING THE TWO POSTS WHICH BECAME VACANT IN 1976 .
12IT IS CLEAR FROM THE TERMS OF THE FINAL PARAGRAPH OF ARTICLE 24 OF THE STAFF REGULATIONS THAT THE TRAINING AND INSTRUCTION OF OFFICIALS SHALL BE TAKEN INTO ACCOUNT FOR PURPOSES OF PROMOTION IN THEIR CAREERS .
13IT IS ESTABLISHED THAT THE APPOINTING AUTHORITY ORGANIZED AN INTERNAL COMPETITION FOR THE PURPOSE OF CONSTITUTING A RESERVE TO FILL VACANT POSTS IN CAREER BRACKET L/A 8-L/A 7 AND THAT THE APPLICANT TOOK PART SUCCESSFULLY IN THE TESTS FOR THAT COMPETITION .
14AS A RESULT OF THAT COMPETITION THE APPLICANT WAS OFFERED AND REFUSED AN APPOINTMENT TO A POST IN THAT CAREER BRACKET WITH