OR A PROPOSAL MADE BY THE SUPERIOR CONCERNED, SHOULD BE BROUGHT TO THE KNOWLEDGE OF CANDIDATES .
13 HOWEVER, IT WAS CONTRARY TO ARTICLES 26 AND 43 OF THE STAFF REGULATIONS FOR THE REPORT ON MRS BONINO' S TRIAL PERIOD TO BE INCLUDED IN THE SAME MEMORANDUM AS THE COMPARATIVE ASSESSMENT OF THE TWO CANDIDATURES WITHOUT THAT REPORT BEING PLACED ON MRS BONINO' S PERSONAL FILE AND WITHOUT HER HAVING AN OPPORTUNITY TO COMMENT THEREON . SINCE THE APPOINTING AUTHORITY HAD NO OTHER DOCUMENT ON ITS FILE TO SUBSTANTIATE ITS ASSESSMENT THAT MR TUTZSCHKY WAS THE MOST SUITABLE CANDIDATE, THE REPORT ON MRS BONINO' S TRIAL PERIOD, CONTAINED IN THE MEMORANDUM IN QUESTION, HAD A DECISIVE INFLUENCE ON THE CONTESTED DECISION .
14 IT FOLLOWS THAT THE CONTESTED DECISION IS UNLAWFUL AND THAT THE APPLICATION IS WELL FOUNDED .
Decision on costs
COSTS
15 UNDER THE TERMS OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE COMMISSION HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
On those grounds,
THE COURT ( Third Chamber )
hereby :
( 1 ) Annuls the Commission' s decision of 19 October 1984, adopted as a consequence of Vacancy Notice COM 1059/84, appointing C.*Tutzschky Head of the Economics and Finance Translation Section in the Italian Translation Division and rejecting Mrs Bonino' s application for that post;
( 2 ) Orders the Commission to pay the costs .