29 ( 1 ) OF THE STAFF REGULATIONS , NAMELY TO GIVE THOSE CONCERNED THE MOST ACCURATE INFORMATION POSSIBLE ABOUT THE CONDITIONS OF ELIGIBILITY FOR THE POST TO ENABLE THEM TO JUDGE WHETHER THEY SHOULD APPLY FOR IT ( SEE IN PARTICULAR THE JUDGMENT OF 28 JUNE 1979 , CASE 255/78 ANSELME V COMMISSION ( 1979 ) ECR 2323 AND THE JUDGMENT OF 18 FEBRUARY 1982 , CASE 67/81 RUSKE V COMMISSION ( 1982 ) ECR 661 ). IT MUST BE NOTED THAT THE PROVISIONS OF ANNEX III TO THE STAFF REGULATIONS NEED NOT BE APPLIED IN THE CONTEXT OF THE SPECIAL PROCEDURE OF ARTICLE 29 ( 2 ). NEVERTHELESS , THE APPOINTING AUTHORITY IS REQUIRED TO RESPECT THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION AND CANDIDATES MAY RELY ON THAT PRINCIPLE .
23 AS THE COURT HELD IN ITS JUDGMENT OF 29 OCTOBER 1975 ( JOINED CASES 81 TO 88/74 MARENCO V COMMISSION ( 1974 ) ECR 1247 , PARAGRAPH 21 OF THE DECISION ), A DECISION TO HAVE RECOURSE TO ARTICLE 29 ( 2 ) MADE DURING THE COURSE OF A RECRUITMENT PROCEDURE WHICH HAS BEEN INITIATED NEED NOT NECESSARILY BE TAKEN WHEN THE VACANCY NOTICES ARE PUBLISHED AND NEED NOT BE PUBLISHED IN THE OFFICIAL JOURNAL .
24 HOWEVER , IF THE APPOINTING AUTHORITY DECIDES TO FILL A POST UNDER ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS AND IF , FOR THAT REASON , IT DOES NOT CLEARLY STATE ALL THE CONDITIONS REQUIRED OF THE CANDIDATES , IT MUST NEVERTHELESS INDICATE IN AN APPROPRIATE MANNER THAT THE PROCEDURE IN QUESTION CONSTITUTES A DEROGATION FROM THE NORMAL PROVISIONS RELATING TO RECRUITMENT .
25 IN ANY EVENT , AN INFRINGEMENT OF THAT REQUIREMENT DOES NOT AUTOMATICALLY MEAN THAT THE DISPUTED MEASURE IS VOID BUT MAY IN CERTAIN CIRCUMSTANCES JUSTIFY THE AWARD OF DAMAGES , IF THE PERSON CONCERNED HAS SUFFERED INJURY AS A RESULT . SINCE THE APPLICANT HAS NOT SUBMITTED A CLAIM TO THAT EFFECT , THE COURT IS NOT REQUIRED TO DECIDE ON THAT POINT .
26 THE SUBMISSION IS THEREFORE UNFOUNDED AND THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
27 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , ACCORDING TO THE SECOND SUBPARAGRAPH OF ARTICLE 69 ( 3 ), 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 .
28 IT SHOULD BE NOTED THAT THIS ACTION RESULTS FROM THE FACT THAT THE PARLIAMENT FAILED TO INDICATE IN THE NOTICE OF COMPETITION THAT IN THE CASE IN QUESTION THE SPECIAL RECRUITMENT PROCEDURE PROVIDED FOR IN ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS WAS TO BE APPLIED .
29 IN PROCEEDING AS IT DID , IT PROVOKED AN UNDERSTANDABLE ERROR ON THE PART OF THE APPLICANT AND CAUSED HIM TO INCUR THE