NATURE OF THE POSTS TO BE FILLED SO REQUIRES , AS WAS THE CASE IN THE COMPETITION IN QUESTION .
16SINCE THE NOTICE OF COMPETITION AT ISSUE LAID DOWN THE CONDITION RELATING TO PRACTICAL EXPERIENCE IN ADDITION TO THAT RELATING TO EDUCATIONAL TRAINING THE SELECTION BOARD WAS UNABLE TO TAKE THE FORMER INTO ACCOUNT IF IT CONSIDERED , AS IN THE PRESENT CASE , THAT THE LATTER WAS NOT FULFILLED .
17THAT SUBMISSION MUST THEREFORE BE DISMISSED .
18THE APPLICANT CLAIMS , IN ADDITION , THAT THE SELECTION BOARD WRONGLY REFUSED TO ACKNOWLEDGE THAT THE CERTIFICATES WHICH HE POSSESSES SATISFY THE CONDITION LAID DOWN IN THE NOTICE OF COMPETITION RELATING TO THE COMPLETION OF A COURSE OF SECONDARY EDUCATION .
19THE COMMISSION DOES NOT DENY THAT THE COURSE COMPLETED BY THE APPLICANT IN BELGIUM IS AT THE LEVEL OF SECONDARY EDUCATION BUT CLAIMS THAT THE CERTIFICATES DO NOT MEET THE REQUIREMENTS OF THE NOTICE OF COMPETITION , SINCE THEY DO NOT GIVE ACCESS TO UNIVERSITY EDUCATION .
20THE NOTICE OF COMPETITION DEFINES THE CONDITION RELATING TO QUALIFICATIONS OR CERTIFICATES BY USING THE TERM ' ' COURSE OF SECONDARY EDUCATION ' ' AND BY ADDING THAT ' ' THE SELECTION BOARD , IN ASSESSING THE CERTIFICATE , WILL TAKE INTO ACCOUNT THE DIFFERING EDUCATIONAL SYSTEMS IN THE MEMBER STATES ' ' .
21ALTHOUGH THE COMMISSION IS ENTITLED TO DRAW UP THE CONDITIONS FOR ENTRY TO A COMPETITION IN TERMS WHICH ARE MORE RIGOROUS THAN THOSE USED IN THIS INSTANCE AND , IN PARTICULAR , TO REQUIRE POSSESSION OF A CERTIFICATE GIVING ACCESS TO UNIVERSITY SUCH A REQUIREMENT MUST BE APPARENT FROM THE ACTUAL WORDING OF THE NOTICE OF COMPETITION SINCE THERE ARE A GREAT MANY DIFFERENT TYPES OF SECONDARY EDUCATION IN THE VARIOUS MEMBER STATES , SOME OF WHICH ARE NOT PREPARATORY TO EDUCATION AT UNIVERSITY LEVEL AND DO NOT GIVE AUTOMATIC ACCESS TO SUCH EDUCATION .
22THUS , HAVING REGARD TO THE WORDING OF THE NOTICE OF COMPETITION IN QUESTION THE SELECTION BOARD WAS NOT EMPOWERED TO REFUSE THE APPLICANT ADMISSION ON THE GROUND THAT HIS CERTIFICATES DID NOT GIVE ACCESS TO UNIVERSITY EDUCATION .
23THAT IS A FORTIORI TRUE IN THIS INSTANCE SINCE THE APPLICANT HAD BEEN CONSIDERED TO FULFIL THE CONDITIONS OF AN EARLIER COMPETITION ( NO COM/B/139 ), WHICH WERE FORMULATED IN IDENTICAL TERMS TO THOSE USED IN THE NOTICE OF COMPETITION IN QUESTION .
24SINCE THE DECISION OF THE SELECTION BOARD MUST THEREFORE BE ANNULLED THERE IS NO REASON TO CONSIDER THE SUBMISSION REGARDING THE ALLEGED INSUFFICIENCY OF THE STATEMENT OF REASONS ON WHICH THE DECISION WAS BASED .
25AS THIS WAS AN OPEN COMPETITION TO CONSTITUTE A RESERVE FOR FUTURE RECRUITEMENT , THE RIGHTS OF THE APPLICANT WILL BE SUFFICIENTLY PROTECTED IF THE SELECTION BOARD RECONSIDERS ITS DECISION , WITHOUT ITS BEING NECESSARY TO QUESTION THE WHOLE OF THE RESULTS OF THE COMPETITION OR TO ANNUL APPOINTMENTS MADE IN CONSEQUENCE THEREOF .
Decision on costs
COSTS
26UNDER ARTICLE 69 ( 2 ) OF THE RULES