THE LESS TRUE THAT THE LAST PARAGRAPH OF ARTICLE 27 PROVIDES THAT NO POST MAY BE RESERVED FOR NATIONALS OF A SPECIFIC MEMBER STATE . IN THIS CASE , THE APPOINTING AUTHORITY RESERVED THE NEWLY-CREATED POST FOR A LUXEMBOURG NATIONAL AND DID SO EVEN BEFORE THE PROCEDURE FOR FILLING THE POST HAD BEEN INITIATED . IN ADDITION , THE APPLICANT CLAIMS , AS REGARDS THE FIRST PARAGRAPH OF ARTICLE 27 OF THE STAFF REGULATIONS , ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , THE GEOGRAPHICAL CRITERION MAY BE A DECISIVE FACTOR ONLY WHERE CANDIDATES ' QUALIFICATIONS ARE CLEARLY EQUAL . THAT IS NOT THE CASE IN THIS INSTANCE . ON THE ONE HAND , MR KASEL ' S QUALIFICATIONS ARE INFERIOR TO THOSE OF THE ' ' INTERNAL ' ' CANDIDATES AND , ON THE OTHER , AS THE PROCEDURE FOR FILLING THE POST IN QUESTION WAS INSTITUTED UNDER ARTICLE 29 ( 1 ) OF THE STAFF REGULATIONS , MR KASEL COULD NOT YET , AT THAT STAGE , HAVE BEEN A CANDIDATE , SINCE HE WAS NOT AN OFFICIAL .
17 IN THE SECOND PLACE , THE APPLICANT CLAIMS THAT NOT ONLY DID THE APPOINTING AUTHORITY RESERVE THE VACANT POST FOR A LUXEMBOURG NATIONAL BUT , EVEN BEFORE THE PROCEDURE FOR FILLING THE POST WAS INITIATED , IT SET THE POST ASIDE FOR A SPECIFIC PERSON , NAMELY MR KASEL , WITHOUT TAKING INTO CONSIDERATION HIS ABILITIES AND QUALIFICATIONS . THE APPOINTING AUTHORITY ' S ACTION THEREFORE CONSTITUTES A MISUSE OF POWER . IN SUPPORT OF HIS VIEW , THE APPLICANT LISTS A NUMBER OF DETAILS , WHICH IN HIS VIEW ARE ALL CONSISTENT AND RELEVANT AND WHICH ESTABLISH THE PROOF OF THE ILLEGALITY OF WHICH HE COMPLAINS .
18 THE COUNCIL , IN THE FIRST PLACE , MAINTAINS THAT MR KASEL , FAR FROM LACKING THE QUALIFICATIONS REQUIRED FOR THE POST , ON THE CONTRARY IS PARTICULARLY WELL QUALIFIED TO FILL IT , BY REASON OF HIS ACADEMIC DEGREES AND THE EXPERIENCE ACQUIRED IN HIS FORMER POSTS . MOREOVER , IT ASSERTS THAT , AT THE TIME OF HIS APPOINTMENT , HE HAD BEEN A TEMPORARY SERVANT OF THE COMMISSION IN GRADE A 3 FOR SEVERAL MONTHS AND COULD NOT THEREFORE BE REGARDED AS A CANDIDATE FROM ' ' OUTSIDE THE COMMUNITY INSTITUTIONS ' ' .
19 THE COUNCIL CONTENDS , IN THE SECOND PLACE , THAT AN APPOINTMENT TO GRADE A 2 MADE , AS IN THIS CASE , UNDER ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS , DOES NOT REQUIRE PARTICULAR TECHNICAL QUALIFICATIONS BUT ' ' THE ABILITY TO LEAD , TO CO-ORDINATE AND TO MAINTAIN CONTACTS AT A VERY HIGH LEVEL ' ' . FURTHER , THE COUNCIL RELIES ON THE APPOINTING AUTHORITY ' S WIDE DISCRETION TO APPRAISE THE REQUIREMENTS OF THE SERVICE AND THE CAPACITIES AND ABILITIES OF THE OFFICIALS TO BE APPOINTED , IN PARTICULAR FOR THE RECRUITMENT OF OFFICIALS IN GRADES A 1 AND A 2 .
20