OF A CASE-STUDY ( TIME ALLOWED : 3 HOURS ).
2.MARKING OF WRITTEN TESTS
TEST 1 ( A ) OUT OF 40 .
TEST 1 ( B ) OUT OF 60 .
CANDIDATES WHO OBTAIN LESS THAN 20 MARKS FOR TEST 1 ( A ) OR LESS THAN 30 MARKS FOR TEST 1 ( B ) WILL NOT BE CONSIDERED .
3.ADMISSION TO ORAL TEST
CANDIDATES OBTAINING THE HIGHEST MARKS IN THE WRITTEN TESTS WILL BE ADMITTED TO THE ORAL TEST , PROVIDED THEIR MARKS ARE ABOVE THE MINIMA MENTIONED AT V 2 . ' '
4 THE APPLICANT WAS INVITED TO TAKE PART IN THE COMPETITION AND TOOK THE WRITTEN TESTS ON 28 JUNE 1982 . IN A LETTER DATED 10 NOVEMBER 1982 , THE COMMISSION INFORMED HIM THAT THE SELECTION BOARD CONSIDERED THE MARKS HE HAD OBTAINED IN THE WRITTEN TESTS TO BE INSUFFICIENT TO MAKE HIM ELIGIBLE FOR THE ORAL TESTS IN THE COMPETITION . FOR THE FIRST TEST , ENTITLED ' ' COMPREHENSION AND REASONING ' ' , HE HAD OBTAINED ONLY 13.82 OUT OF 40 MARKS AGAINST A PASS MARK OF 20 .
5 IN A LETTER DATED 28 NOVEMBER 1982 , THE APPLICANT REQUESTED THE COMMISSION TO RECONSIDER HIS CASE , ARGUING , IN PARTICULAR , THAT HE THOUGHT IT UNREASONABLE TO ATTACH SO MUCH IMPORTANCE TO A TEST OF ' ' COMPREHENSION AND REASONING ' ' FOR THE OUTCOME OF THE EXAMINATION . THAT REQUEST WAS REJECTED , IN A DECISION DATED 22 DECEMBER 1982 , BY THE HEAD OF THE COMMISSION ' S RECRUITMENT DIVISION .
6 THAT DECISION IS THE SUBJECT OF THIS APPLICATION TO THE COURT , IN SUPPORT OF WHICH MR FABIUS PUTS FORWARD A SINGLE SUBMISSION RELATING TO A BREACH BY THE COMMISSION OF THE PRINCIPLES OF EQUITY AND ' ' DUE CARE ' ' . MORE SPECIFICALLY , THE APPLICANT COMPLAINS THAT THE COMMISSION ATTACHED DECISIVE IMPORTANCE TO A SINGLE CRITERION OF ASSESSMENT , THAT IT HAS GIVEN TOO MUCH WEIGHT TO AN EVALUATIVE TEST WHICH WAS NOT SUFFICIENTLY RELIABLE , AND FINALLY , THAT IT HAS REFUSED TO ARRANGE A FRESH TEST FOR HIM .
7 IT SHOULD BE RECALLED THAT AS THE COURT HAS ALREADY DECIDED IN A NUMBER OF CASES ( CASE 90/74 F . DEBOECK V COMMISSION ( 1975 ) ECR 1123 ; CASE 67/81 M . H . RUSKE V COMMISSION ( 1982 ) ECR 661 ), THE APPOINTING AUTHORITY ENJOYS A WIDE DISCRETION IN DECIDING UPON THE CRITERIA OF ABILITY REQUIRED FOR THE POSTS TO BE FILLED AND IN DETERMINING THE RULES AND CONDITIONS UNDER WHICH THE COMPETITIONS ARE ORGANIZED IN THE LIGHT OF THOSE CRITERIA AND IN THE INTERESTS OF THE SERVICE .
8 IN THIS CASE IT APPEARS THAT THE COMMISSION , BY PROVIDING , IN A NOTICE OF COMPETITION FOR THE RECRUITMENT OF OFFICIALS IN CATEGORY A FOR ADMINISTRATIVE , ADVISORY AND SUPERVISORY DUTIES , THAT THERE SHOULD BE A TEST FOR COMPREHENSION AND REASONING TO ASSESS THE