CANDIDATES .
12IN ANY EVENT , A CANDIDATE CANNOT FORM THE SUBJECT OF A LESS FAVOURABLE APPRAISAL THAN THAT MADE OF HIM IN A PREVIOUS COMPETITION , UNLESS THE STATEMENT OF THE REASONS ON WHICH THE DECISION IS BASED CLEARLY JUSTIFIES SUCH A DIFFERENCE OF APPRAISAL .
13IN THAT RESPECT THERE IS NO SUFFICIENT STATEMENT OF REASONS FOR THE REFUSAL TO ADMIT THE APPLICANT TO THE TESTS RELATING TO THE COMPETITION IN QUESTION .
14IN FACT , THE ONLY STATEMENT OF REASONS CONTAINED IN THE STANDARD LETTER IN WHICH THE SELECTION BOARD ' S REFUSAL WAS COMMUNICATED TO THE APPLICANT WAS A REFERENCE TO THE CONDITION WHICH WAS NOT FULFILLED .
15THE CONDITION LAID DOWN BY THE NOTICE OF COMPETITION , WHICH RELATED TO THE NEED FOR CANDIDATES ' ' TO HAVE AT LEAST ONE YEAR ' S PRACTICAL EXPERIENCE IN THE FIELD CHOSEN AFTER HAVING OBTAINED THEIR EDUCATIONAL QUALIFICATIONS ' ' WAS COMPOSED OF SEVERAL ELEMENTS , SO THAT A REFERENCE TO THE CONDITION AS A WHOLE WAS NOT OF SUCH A NATURE AS TO INDICATE WHICH OF THE FACTORS HAD BEEN FOUND TO BE LACKING .
16ALTHOUGH IT IS PERMISSIBLE , HAVING REGARD TO THE LARGE NUMBER OF CANDIDATES , TO MAKE USE OF SUMMARIZED STATEMENTS OF REASONS , A MERE REFERENCE TO THE CONDITION WHICH WAS NOT FULFILLED CANNOT HOWEVER SATISFY THE REQUIREMENT TO STATE REASONS WHERE SUCH A REFERENCE IS NOT CAPABLE OF PROVIDING THE PERSON CONCERNED WITH A SUFFICIENT INDICATION TO ALLOW HIM TO KNOW WHETHER THE REFUSAL IS WELL FOUNDED OR ON THE OTHER HAND WHETHER IT IS VITIATED BY A DEFECT WHICH WOULD MAKE IT POSSIBLE TO CONTEST ITS LEGALITY .
17THE SELECTION BOARD ' S REFUSAL MUST THEREFORE BE ANNULLED .
Decision on costs
COSTS
18UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
19AS THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . ANNULS THE DECISION COMMUNICATED TO MRS KOBOR BY LETTER OF 23 SEPTEMBER 1977 BY WHICH THE SELECTION BOARD FOR COMPETITION NO COM/B/155 REFUSED TO ALLOW HER TO TAKE PART IN THE TESTS RELATING TO THAT COMPETITION ;
2 . ORDERS THE COMMISSION TO PAY THE COSTS .