FOR SELECTION AND THE RESULT THEREOF , SUCH AS THAT CONTAINED IN THIS CASE IN THE LETTER OF 21 FEBRUARY 1980 , AND NOT GIVE INDIVIDUAL EXPLANATIONS UNTIL LATER AND TO THOSE CANDIDATES WHO EXPRESSLY REQUEST THEM , ON CONDITION , HOWEVER , THAT THOSE INDIVIDUAL DETAILS ARE SENT BY THE SELECTION BOARD BEFORE THE EXPIRY OF THE PERIOD LAID DOWN BY ARTICLES 90 AND 91 OF THE STAFF REGULATIONS , SO THAT THE RECIPIENTS MAY , IF THEY THINK FIT , AVAIL THEMSELVES OF THEIR RIGHTS .
28 IT FOLLOWS THAT THE SUBMISSION RELATING TO THE LACK OF A STATEMENT OF REASONS IS WELL FOUNDED AND THERE IS NO NEED IN THAT CONNECTION TO CONSIDER THE CONTENTS OF THE LETTER OF 9 JUNE 1980 FROM THE CHAIRMAN OF THE SELECTION BOARD .
29 IT MUST THEREFORE BE CONCLUDED THAT IN THIS CASE THE SELECTION BOARD ' S REFUSAL DID NOT ADEQUATELY STATE THE REASONS ON WHICH IT WAS BASED .
30 IN HIS REPLY , THE APPLICANT ALSO CLAIMED THAT THE PARLIAMENT ENCOURAGED A LARGE NUMBER OF APPLICATIONS ON THE BASIS OF MISLEADING AND FALLACIOUS PROMISES WHICH COULD NOT BE FULFILLED AND THAT THAT JUSTIFIED THE ANNULMENT OF THE ENTIRE COMPETITION .
31 HOWEVER , THE APPLICANT HAS PUT FORWARD NO SERIOUS CONSIDERATION WHICH WOULD SUPPORT SUCH AN ALLEGATION . IT IS THEREFORE UNNECESSARY TO DECIDE WHETHER THE APPLICANT IS ENTITLED TO PUT FORWARD IN HIS REPLY FRESH CONCLUSIONS OF THAT NATURE SUPPORTED BY A FURTHER SUBMISSION .
32 THE APPLICANT ALSO CLAIMED THAT THE PARLIAMENT SHOULD BE ORDERED TO PAY DAMAGES AS COMPENSATION FOR THE INJURY SUSTAINED AS A RESULT OF THE REFUSAL TO ADMIT HIM TO THE TESTS FOR THE COMPETITION .
33 HOWEVER , ON THE BASIS OF THE DOCUMENTS AT PRESENT BEFORE THE COURT IT CANNOT BE STATED POSITIVELY EITHER THAT THE APPLICANT SHOULD HAVE BEEN ADMITTED TO THE TESTS OR THAT HE WAS CERTAIN SUBSEQUENTLY TO BE PLACED ON THE LIST OF SUITABLE CANDIDATES AND TO BE APPOINTED TO A VACANT POST . THE APPLICANT HAS THEREFORE ADDUCED NO EVIDENCE OF SUCH A NATURE AS TO PROVE THAT HE HAS ACTUALLY SUSTAINED MATERIAL OR NON-MATERIAL DAMAGE .
34 IT FOLLOWS FROM THE FOREGOING THAT THE CONTESTED DECISION OF THE SELECTION BOARD NOT TO ADMIT THE APPLICANT TO THE TESTS MUST BE ANNULLED AND THAT THE REMAINDER OF THE APPLICATION MUST BE DISMISSED .
Decision on costs
35 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE PARLIAMENT HAS FAILED IN THE MAJOR PART OF ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
1 . ANNULS THE DECISION WHEREBY THE SELECTION BOARD FOR OPEN COMPETITION NO PE/21/A ( FRENCH-LANGUAGE AND DUTCH-LANGUAGE ADMINISTRATORS ) REFUSED TO ADMIT THE APPLICANT TO THE TESTS FOR THAT COMPETITION ;
2 . DISMISSES THE REMAINDER OF