A DECISION ASSIGNING AN OFFICIAL TO A NEW POST, EITHER TO THE OFFICIAL APPOINTED, WHO CANNOT BE ADVERSELY AFFECTED BY THE DECISION, OR TO UNSUCCESSFUL CANDIDATES, WHO MIGHT BE HARMED BY SUCH A STATEMENT OF REASONS . THE PRESENCE OF WOMEN AMONG THE CANDIDATES FOR THE POST IN QUESTION AND THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN HAVE NO BEARING ON THE MATTER .
5 UNDER ARTICLE 7 OF THE STAFF REGULATIONS OF OFFICIALS THE APPOINTING AUTHORITY MUST CHOOSE THE OFFICIAL TO BE ASSIGNED TO A VACANT POST, FOLLOWING A VACANCY NOTICE, SOLELY IN THE INTERESTS OF THE SERVICE . IN MAKING SUCH A DECISION THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN ASSESSING THE INTERESTS OF THE SERVICE AND THE SUITABILITY OF THE CANDIDATES FOR THE POST IN QUESTION . ACCORDING TO THE SETTLED CASE-LAW OF THE COURT ( SEE, MOST RECENTLY, THE JUDGMENT OF 4 FEBRUARY 1987 IN CASE 324/85 BOUTEILLER V COMMISSION (( 1987 )) ECR 0000 ), THE COURT' S REVIEW MUST BE LIMITED IN SUCH CASES TO CONSIDERATION OF THE QUESTION WHETHER, HAVING REGARD TO THE CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE CANDIDATES' SUITABILITY OR OF THE INTERESTS OF THE SERVICE FOR THAT OF THE APPOINTING AUTHORITY .
6 IT CAN BE SEEN FROM THE ARGUMENT BEFORE THE COURT THAT IN THIS CASE THE APPOINTING AUTHORITY ACCEPTED THAT, HAVING REGARD TO THE APPLICANT' S QUALIFICATIONS AND EXPERIENCE IN THE AREA OF ECONOMICS AND FINANCE AS WELL AS HER LINGUISTIC KNOWLEDGE, THE APPLICANT MIGHT APPEAR TO BE BETTER QUALIFIED THAN MR TUTZSCHKY . HOWEVER, IT CONSIDERED THAT MR TUTZSCHKY WAS BETTER QUALIFIED TO PERFORM THE DUTIES IN QUESTION BECAUSE OF HIS GREATER MANAGEMENT SKILLS . IT IS COMMON GROUND THAT THE APPOINTING AUTHORITY REACHED THAT CONCLUSION ON THE BASIS OF THE TRIAL PERIODS DURING WHICH EACH CANDIDATE PERFORMED THE DUTIES OF HEAD OF SECTION .
7 SUCH CONSIDERATIONS DO NOT OF THEMSELVES EXCEED THE LIMITS OF THE APPOINTING AUTHORITY' S DISCRETION IN CHOOSING THE CANDIDATE BEST SUITED TO THE POST CONCERNED .
8 CONTRARY TO THE APPLICANT' S VIEW, SUCH CONSIDERATIONS ARE NOT CONTRADICTED BY THE FACT THAT THE APPLICANT HAD IN FACT ALREADY SERVED AS HEAD OF THE SECTION AND THAT THE COMMISSION SUBSEQUENTLY OFFERED HER A POST AS HEAD OF ANOTHER SECTION CONCERNED WITH AUTOMATED TRANSLATION . WITHOUT CASTING DOUBT ON THE APPLICANT' S GENERAL ABILITY TO PERFORM THE DUTIES OF HEAD OF SECTION, THE APPOINTING AUTHORITY WAS ENTITLED TO CONCLUDE, IN THE LIGHT OF ITS PRACTICAL EXPERIENCE OF THE CANDIDATES PERFORMING THE DUTIES, THAT MR TUTZSCHKY WAS BETTER SUITED TO THIS PARTICULAR POST .
9 FINALLY, IT CANNOT BE CONSIDERED THAT SUCH CONSIDERATIONS ARE THE EXPRESSION OF A GENERAL PREJUDICE AGAINST WOMEN AND ARE THEREFORE CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN . MRS BONINO