AUGUST 1985 AND THE APPLICATION IS THEREFORE OUT OF TIME .
9 IN THIS REGARD IT SHOULD BE STRESSED THAT IN THE CONTESTED DECISION THE COMMISSION IMPLICITLY DECIDED THAT AN EXCEPTION TO THE AGE-LIMIT ON WHICH IT HAD NOT RULED IN ITS DECISION OF 6 AUGUST 1985 WAS NOT APPLICABLE . THE CONTESTED DECISION THEREFORE DOES NOT MERELY CONFIRM THE PREVIOUS DECISION . THE ACTION WAS BROUGHT WITHIN THREE MONTHS OF NOTIFICATION OF THE CONTESTED DECISION AND WAS THEREFORE COMMENCED WITHIN THE PRESCRIBED PERIOD .
SUBSTANCE
10 IN HER FIRST SUBMISSION MRS SOUNA CLAIMS THAT THE CONTESTED DECISION BREACHES THE RULE PATERE LEGEM QUAM IPSE FECISTI INASMUCH AS IT REFUSES HER THE BENEFIT OF THE EXCEPTION TO THE AGE-LIMIT PROVIDED FOR BY THE COMPETITION NOTICE FOR OFFICIALS AND OTHER SERVANTS WHO HAVE SERVED CONTINUOUSLY FOR AT LEAST ONE YEAR, WHEREAS SELF-EMPLOYED PROOF-READERS SUPPLYING SERVICES ON DEMAND ARE ALSO SERVANTS OF THE COMMUNITIES AND MRS SOUNA FULFILS THE CONDITION AS TO THE LENGTH OF SERVICE .
11 IN THAT REGARD IT MUST BE NOTED THAT, AS THE COMMISSION ACKNOWLEDGES, MRS SOUNA HAS WORKED FOR THE PERIOD REQUIRED BY THE NOTICE OF COMPETITION TO QUALIFY FOR THE EXEMPTION UPON WHICH SHE RELIES .
12 HOWEVER, SINCE THE EXCEPTION IN QUESTION IS BASED ON ARTICLE 1*(1)*(G ) OF ANNEX III TO THE STAFF REGULATIONS, WHICH PROVIDES THAT THE NOTICE OF COMPETITION MUST SPECIFY, WHERE APPROPRIATE, THE AGE-LIMIT AND ANY EXTENSION OF THE AGE-LIMIT IN THE CASE OF SERVANTS WHO HAVE COMPLETED NOT LESS THAN ONE YEAR' S SERVICE, IT MUST BE CONSIDERED WHETHER MRS SOUNA IS A SERVANT WITHIN THE MEANING OF THAT PROVISION .
13 THE TERM "SERVANT" MUST BE INTERPRETED AS REFERRING, ON THE ONE HAND, TO OFFICIALS OF THE COMMUNITIES AND, ON THE OTHER HAND, TO "OTHER SERVANTS" AS DEFINED IN ARTICLE 1 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES, NAMELY TEMPORARY STAFF, AUXILIARY STAFF, LOCAL STAFF AND SPECIAL ADVISERS .
14 SINCE MRS SOUNA WAS ENGAGED NOT IN ONE OF THOSE CAPACITIES BUT AS A SELF-EMPLOYED PROOF-READER SUPPLYING SERVICES ON DEMAND, SHE IS NOT ENTITLED TO BENEFIT FROM THE EXCEPTION TO THE AGE-LIMIT PROVIDED FOR IN THE NOTICE OF COMPETITION FOR OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES WHO HAVE COMPLETED NOT LESS THAN ONE YEAR' S SERVICE . THE CONTESTED DECISION THEREFORE CORRECTLY INTERPRETED THE EXCEPTION PROVIDED FOR BY THE NOTICE OF COMPETITION .
15 CONSEQUENTLY, THE SUBMISSION BASED ON BREACH OF THE RULE PATERE LEGEM QUAM IPSE FECISTI MUST BE REJECTED .
16 IN HER SECOND SUBMISSION MRS SOUNA CLAIMS THAT THE DECISION IS DISCRIMINATORY AND IN BREACH OF THE ADMINISTRATION' S DUTY OF GOOD FAITH TOWARDS ITS STAFF, IN SO FAR AS IT REFUSES HER AN ADVANTAGE ENJOYED BY PROOF-READERS WHO ARE OFFICIALS OR OTHER SERVANTS OF THE COMMUNITIES, EVEN THOUGH MRS SOUNA WORKED UNDER THE SAME CONDITIONS, IN PARTICULAR AS REGARDS HER HOURS, SUPERVISION AND PLACE OF WORK, AS THE FORMER .
17 IN THIS CONNECTION IT MUST BE STATED