INCLUDED BY THE SELECTION BOARD ON THE LIST OF SUITABLE CANDIDATES .
42 THIS SUBMISSION MUST THEREFORE ALSO BE DISMISSED .
DISCRIMINATION ON GROUNDS OF NATIONALITY
43 THE APPLICANTS IN CASES 64, 72, 73 AND 78/86, WHO HAVE ITALIAN NATIONALITY, MAINTAIN THAT THE SELECTION BOARD' S DECISIONS ARE BASED ON DISCRIMINATION ON GROUNDS OF NATIONALITY, SINCE ONLY 9 OF THE 87 CANDIDATES ADMITTED TO THE TRAINING STAGE WERE OF ITALIAN NATIONALITY, WHEREAS 19 WERE FRENCH . SIMILARILY, THE AVERAGE MARK FOR PAPERS WRITTEN IN ITALIAN WAS MUCH LOWER THAN THE AVERAGE MARK FOR PAPERS WRITTEN IN ENGLISH .
44 IN THIS REGARD, IT IS SUFFICIENT TO POINT OUT THAT THESE APPLICANTS DO NOT ADDUCE ANY SPECIFIC EVIDENCE TO SUBSTANTIATE THEIR ALLEGATION OF DISCRIMINATION AND THAT THE EXISTENCE OF DISCRIMINATION CANNOT BE INFERRED FROM A BREAKDOWN OF CANDIDATES' NATIONALITIES OR THE LANGUAGES USED FOR THE WRITTEN PAPER .
45 IT FOLLOWS THAT THIS SUBMISSION MUST ALSO BE REJECTED .
NO STATEMENT OF REASONS
46 THE APPLICANTS CLAIM THAT THE COMMUNICATION OF 12 DECEMBER 1985 INFORMING THEM OF THE SELECTION BOARD' S DECISION CONTAINED NO STATEMENT OF REASONS AND THAT THE SUBSEQUENT EXPLANATORY LETTER OF 14 FEBRUARY 1986 DID NOT STATE ANY REASONS RELATING TO THE INDIVIDUAL CONCERNED .
47 THE COMMISSION CONTENDS THAT, ACCORDING TO THE NOTICE OF COMPETITION, THE SELECTION BOARD WAS TO MAKE AN OVERALL ASSESSMENT OF EACH CANDIDATE AND THAT IT WAS THEREFORE UNABLE TO PROVIDE A FULLER STATEMENT OF REASONS THAN THE ONE CONTAINED IN THE EXPLANATORY LETTER OF 14 FEBRUARY 1986 .
48 IT SHOULD BE RECALLED FIRST OF ALL THAT THE COURT HAS CONSISTENTLY HELD THAT THE OBLIGATION TO STATE THE REASONS FOR AN ADVERSE DECISION IS MEANT TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND, SECONDLY, TO PROVIDE THE PERSON CONCERNED WITH THE INFORMATION NEEDED TO DETERMINE WHETHER OR NOT THE DECISION IS WELL FOUNDED . THE DECISION OF A SELECTION BOARD NOT TO ADMIT A CANDIDATE TO THE NEXT STAGE OF A COMPETITION MAY THEREFORE BE SAID TO GIVE ADEQUATE REASONS ONLY IF IT EXPLAINS TO THE PERSON CONCERNED THE REASONS WHY HE DID NOT SATISFY THE SELECTION CRITERIA .
49 THE DIFFICULTIES INHERENT IN ANY COMPARATIVE EXAMINATION CANNOT EXEMPT THE SELECTION BOARD FROM THE OBLIGATION TO PROVIDE SUCH A STATEMENT OF REASONS . LIKEWISE, THE NEED TO MAKE AN OVERALL ASSESSMENT OF THE CANDIDATES DOES NOT PRECLUDE A STATEMENT OF REASONS WHICH MEETS THE CRITERIA LAID DOWN BY THE COURT . THE MINUTES OF THE MEETINGS OF THE SELECTION BOARD FOR THE COMPETITION IN QUESTION, SUBMITTED BY THE COMMISSION AT THE REQUEST OF THE COURT, DEMONSTRATE THAT THE SELECTION BOARD ADOPTED SPECIFIC AND WELL-DEFINED CRITERIA FOR THE SELECTION AND THAT, IN THE CASE OF EACH CANDIDATE, IT GAVE MARKS FOR ITS APPRAISAL OF THE PERSONAL FILE AND THE RESULT OF THE WRITTEN PAPER . THAT MODUS OPERANDI WOULD HAVE MADE IT POSSIBLE TO GIVE REASONS SETTING OUT THOSE CRITERIA AND THE MARKS OBTAINED BY THE CANDIDATE IN QUESTION