APPLICATION OF ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS, ACCORDING TO WHICH A RECRUITMENT PROCEDURE OTHER THAN THAT OF A COMPETITION MAY BE ADOPTED, IN EXCEPTIONAL CASES, FOR POSTS WHICH REQUIRE SPECIAL QUALIFICATIONS .
3 THE APPLICANT CLAIMS, FIRST, THAT THE CONTESTED DECISION COULD NOT HAVE BEEN TAKEN IN APPLICATION OF THE SAID PARAGRAPH ( 2 ) BECAUSE THAT PROVISION IS CONCERNED ONLY WITH THE RECRUITMENT OF PERSONS NOT YET IN THE SERVICE OF THE COMMUNITIES AND CANNOT BE USED WHERE, FOR THE PURPOSE OF FILLING A VACANT POST, SERVANTS ALREADY IN OFFICE ARE TO BE CONSIDERED .
4 ARTICLE 29, WHICH FORMS PART OF THE CHAPTER IN THE STAFF REGULATIONS DEVOTED TO RECRUITMENT, GOVERNS THE VARIOUS MEANS OF FILLING A VACANT POST .
5 IT LAYS DOWN, FOR THIS PURPOSE, THAT EXAMINATION SHALL BE MADE, IN ORDER OF PREFERENCE, FIRST OF THE POSSIBILITIES OF FILLING THE POST BY PROMOTION OR TRANSFER WITHIN THE INSTITUTION WHERE THE VACANCY HAS OCCURRED, NEXT OF THE POSSIBILITY OF HOLDING COMPETITIONS INTERNAL TO THAT INSTITUTION, AND, THIRDLY, OF APPLICATIONS FOR TRANSFER MADE BY OFFICIALS OF OTHER INSTITUTIONS .
6 IT IS ONLY IF THESE POSSIBILITIES ARE SEEN TO BE INADEQUATE THAT THE PROCEDURE FOR COMPETITIONS ON THE BASIS EITHER OF QUALIFICATIONS OR OF TESTS OR OF BOTH QUALIFICATIONS AND TESTS MAY BE FOLLOWED .
7 IN THIS CASE, AS APPEARS FROM ARTICLE 29 OF THE STAFF REGULATIONS READ IN CONJUNCTION WITH ARTICLE 1 ( 1 ) ( A ) OF ANNEX III THERETO, THIS AMOUNTS EITHER TO INTER-INSTITUTIONAL COMPETITIONS OR TO OPEN COMPETITIONS .
8 THE STAFF REGULATIONS DO NOT THEREFORE DISTINGUISH BETWEEN INTERNAL COMPETITIONS AND EXTERNAL COMPETITIONS, BUT BETWEEN INTERNAL COMPETITIONS AND OPEN COMPETITIONS, THESE LAST BEING THOSE TO WHICH BOTH CANDIDATES FROM OUTSIDE THE INSTITUTIONS AND OTHERS, ALREADY HAVING THE STATUS OF OFFICIAL OR SERVANT, ARE ADMITTED .
9 IT FOLLOWS THAT WHERE, UNDER CERTAIN CONDITIONS AND IN EXCEPTIONAL CIRCUMSTANCES, ARTICLE 29 ( 2 ) ALLOWS THE SUBSTITUTION OF A DIFFERENT RECRUITMENT PROCEDURE FOR INTER-INSTITUTIONAL OR OPEN COMPETITIONS, THIS PROCEDURE MUST BE CAPABLE OF APPLICATION, WITHOUT DISTINCTION, TO ALL THOSE WHO WOULD HAVE BEEN ELIGIBLE TO ENTER THOSE COMPETITIONS .
10 IT IS NEITHER JUST NOR IN THE INTEREST OF THE SERVICE THAT THE SAID PROCEDURE SHOULD BE APPLIED ONLY IN RESPECT OF CANDIDATES WHO ARE NOT OFFICIALS, IN VIEW OF THE FACT THAT IT IS SUBSTITUTED FOR A COMPETITION FROM WHICH CANDIDATES WHO ARE ALSO OFFICIALS COULD NOT HAVE BEEN EXCLUDED .
11 THE APPLICANT OBJECTS THAT IT IS ILLOGICAL TO APPLY ARTICLE 29 ( 2 ) TO SERVANTS ALREADY IN OFFICE BECAUSE THE DECISION TO HAVE RECOURSE TO THIS PROVISION NECESSARILY IMPLIES A PRIOR DECISION NOT TO HOLD AN INTERNAL COMPETITION TO FILL THE POST AT ISSUE .
12 IN HER OPINION, IT CANNOT BE ACCEPTED THAT THE APPOINTING AUTHORITY CAN AT ONE AND THE SAME TIME BE OF THE OPINION THAT THERE IS NO CALL TO HOLD A COMPETITION INTERNAL TO THE INSTITUTION BECAUSE IT