. IT IS COMMON GROUND THAT THE MINIMUM PERIOD OF SERVICE REQUIRED IN THIS CASE WAS TWO YEARS .
8 IT FOLLOWS FROM THE FOREGOING THAT THE PERIOD OF TWO YEARS BEGAN TO RUN FROM THE ESTABLISHMENT OF THE APPLICANT, THAT IS TO SAY, FROM 1 AUGUST 1984 . SINCE THE APPLICANT FULFILLED THE CONDITION CONCERNING THE MINIMUM PERIOD OF SERVICE ONLY ON 1 AUGUST 1986, THE CONTESTED DECISION OF 17 FEBRUARY 1986 COULD NOT ADVERSELY AFFECT HIM WITHIN THE MEANING OF ARTICLES 90*(2 ) AND 91 OF THE STAFF REGULATIONS . THE APPLICATION FOR THE ANNULMENT OF THE DECISION OF THE ECONOMIC AND SOCIAL COMMITTEE MUST THEREFORE BE DISMISSED AS INADMISSIBLE .
9 WITH REGARD TO THE APPLICATION FOR COMPENSATION FOR THE DAMAGE ALLEGEDLY SUFFERED AS A RESULT OF THE CONTESTED DECISION, IT MUST ALSO BE DISMISSED AS INADMISSIBLE ON THE SAME GROUNDS .
10 THE APPLICATION MUST THEREFORE BE DISMISSED IN ITS ENTIRETY AS INADMISSIBLE .
Decision on costs
COSTS
11 UNDER THE SECOND SUBPARAGRAPH OF ARTICLE 69*(3 ) OF THE RULES OF PROCEDURE, THE COURT MAY ORDER EVEN A SUCCESSFUL PARTY TO PAY COSTS WHICH THE COURT CONSIDERS THAT PARTY TO HAVE UNREASONABLY OR VEXATIOUSLY CAUSED THE OPPOSITE PARTY TO INCUR . PURSUANT TO THAT PROVISION, AND HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE, IN PARTICULAR THE FACT THAT FOR THE PURPOSES OF DRAWING UP THE LIST OF OFFICIALS ELIGIBLE FOR PROMOTION, THE ECONOMIC AND SOCIAL COMMITTEE CALCULATED THE MINIMUM PERIOD OF SERVICE WITHIN THE MEANING OF ARTICLE 45 OF THE STAFF REGULATIONS IN A WAY WHICH WAS IN CONTRADICTION WITH THE CASE-LAW OF THE COURT ( SEE THE JUDGMENT OF 13 DECEMBER 1984, CITED ABOVE ), THE COURT CONSIDERS THAT IT IS EQUITABLE TO ORDER THE ECONOMIC AND SOCIAL COMMITTEE TO PAY ALL THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT ( THIRD CHAMBER )
HEREBY ORDERS AS FOLLOWS :
( 1 ) THE APPLICATION IS DISMISSED AS INADMISSIBLE;
( 2 ) THE ECONOMIC AND SOCIAL COMMITTEE IS ORDERED TO PAY ALL THE COSTS .
LUXEMBOURG, 7 OCTOBER 1987 .