III CANNOT , HOWEVER , BE UNDERSTOOD AS ENUMERATING EXHAUSTIVELY THE CASES IN WHICH A SELECTION BOARD MAY LEGITIMATELY HAVE RECOURSE TO THE ASSISTANCE OF EXAMINERS IN AN ADVISORY CAPACITY AND , IN PARTICULAR , DOES NOT PREVENT A SELECTION BOARD FROM HAVING RECOURSE TO SUCH A PROCEDURE IN CASES WHERE THE LARGE NUMBER OF CANDIDATES INVOLVED IN A COMPETITION WOULD OTHERWISE PREVENT THE SELECTION BOARD FROM COMPLETING ITS WORK WITHIN A REASONABLE PERIOD .
9IT IS NECESSARY , HOWEVER , FOR THE SELECTION BOARD TO RETAIN ULTIMATE CONTROL OVER THE PROCEDURES AND ITS DISCRETIONARY POWER .
10THAT CONDITION HAS BEEN SATISFIED IN THE PRESENT CASE .
11IT IS APPARENT FROM THE PARTICULARS SUPPLIED DURING THE COURSE OF THE PROCEEDINGS THAT THE SELECTION BOARD NOT ONLY CONTROLLED THE ESTABLISHMENT OF THE CRITERIA ACCORDING TO WHICH THE MATTERS TO BE TAKEN INTO ACCOUNT IN ACCORDANCE WITH THE NOTICE OF COMPETITION WERE TO BE ASSESSED , BUT ALSO FOLLOWED THE WORK OF THE EXAMINERS AT ALL STAGES IN ORDER , ON THE BASIS OF THE PROPOSALS SUBMITTED BY THE EXAMINERS , ITSELF FINALLY TO DRAW UP THE LIST OF SUITABLE CANDIDATES TO BE SUBMITTED TO THE APPOINTING AUTHORITY .
12THIS SUBMISSION THEREFORE CANNOT BE ACCEPTED .
SECOND SUBMISSION
13THE APPLICANTS FURTHER CLAIM THAT THE GENERAL PRINCIPLE OF THE EQUALITY OF CANDIDATES ADMITTED TO A COMPETITION AS WELL AS ARTICLE 6 OF ANNEX III TO THE STAFF REGULATIONS , ACCORDING TO WHICH THE PROCEEDINGS OF THE SELECTION BOARD ARE TO BE SECRET , WERE INFRINGED BY THE FACT THAT A PROVISIONAL LIST OF SUITABLE CANDIDATES WAS SUBMITTED , TO OBTAIN THEIR OPINION , TO THE DEPARTMENTS AND DIRECTORATES GENERAL TO WHICH THE CANDIDATES BELONGED .
14IT IS APPARENT , HOWEVER , FROM THE EXPLANATIONS GIVEN TO THE COURT THAT EACH DEPARTMENT OR DIRECTORATE GENERAL WAS QUESTIONED BY THE SELECTION BOARD ABOUT ALL THE CANDIDATES ADMITTED TO THE COMPETITION WHO WERE IN THE SERVICE OF THE DEPARTMENT OR DIRECTORATE GENERAL IN QUESTION , AND NOT MERELY , AS THE APPLICANTS APPEAR TO IMAGINE , ABOUT THE CANDIDATES WHO WERE INCLUDED IN A PROVISIONAL LIST BECAUSE THEY SATISFIED CERTAIN CRITERIA FOR THE PURPOSE OF A PRELIMINARY SELECTION .
15THAT PROCEDURE THEREFORE RESPECTED THE PRINCIPLE OF THE EQUALITY OF CANDIDATES IN A COMPETITION .
16IT FURTHER APPEARS THAT THE PURPOSE OF SEEKING THE OPINION OF THE DEPARTMENTS AND DIRECTORATES GENERAL WAS TO PROVIDE THE SELECTION BOARD WITH ADDITIONAL INFORMATION REGARDING THE CANDIDATES AND THAT THE OPINIONS SOUGHT RELATED ONLY TO THOSE WHO WERE IN THE SERVICE OF EACH DEPARTMENT OR DIRECTORATE GENERAL IN QUESTION .
17THE DEPARTMENTS AND DIRECTORATES GENERAL WERE THUS NOT IN A POSITION TO INFLUENCE IMPROPERLY THE PROCEEDINGS OF THE SELECTION BOARD OR TO HAVE KNOWLEDGE OF THOSE PROCEEDINGS IN A WAY LIKELY TO BREACH THEIR SECRECY .
18THIS SUBMISSION MUST ALSO BE REJECTED .
THIRD SUBMISSION
19FINALLY , THE APPLICANTS CLAIM THAT THE SECOND PARAGRAPH OF ARTICLE 30 OF THE STAFF REGULATIONS AND THE FIFTH PARAGRAPH OF ARTICLE 5 OF ANNEX III