IS , NOT FROM THE DEPARTMENT CONCERNED ) ' ' AND OF ' ' ONE MEMBER APPOINTED BY THE LOCAL STAFF COMMITTEE ' ' .
24 IN THIS CASE IT APPEARS BOTH FROM THE REPORT OF THE RECRUITING COMMITTEE AND FROM A STATEMENT BY MR OOMS AND MR ARDENTE , SUBMITTED TO THE COURT BY THE COMMISSION AFTER THE HEARING , THAT THOSE TWO MEMBERS SAT ON THE COMMITTEE AS STAFF REPRESENTATIVES . HOWEVER , IT HAS NOT BEEN DISPUTED THAT MR ARDENTE WAS ALSO QUALIFIED TO BE THE INDEPENDENT MEMBER OF THE COMMITTEE AND THAT CONSEQUENTLY A PERSON FULFILLING THE CONDITIONS LAID DOWN BY THE MEMORANDUM OF 23 OCTOBER 1979 WAS PRESENT .
25 REGARD BEING HAD TO THE PURELY CONSULTATIVE NATURE OF THAT COMMITTEE , THE FACT THAT ITS COMPOSITION WAS STATED WRONGLY IN THE REPORT TO THE APPOINTING AUTHORITY DOES NOT , IN ITSELF , CONSTITUTE A SUBSTANTIAL PROCEDURAL DEFECT AND IS NOT OF SUCH A NATURE AS TO INVALIDATE THE DISPUTED DECISION OF THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE .
26 THE SUBSEQUENT STATEMENT OF MR ARDENTE , ACCORDING TO WHICH , IN HIS CAPACITY AS A REPRESENTATIVE OF THE STAFF , HE CONFINED HIMSELF TO ENSURING THAT THE RELEVANT RULES OF THE STAFF REGULATIONS WERE OBSERVED , IS NOT , SUPPOSING IT TO BE CORRECT , OF SUCH A NATURE AS TO VITIATE THE LEGALITY OF THE OPINION GIVEN BY THE RECRUITING COMMITTEE . THE PROCEDURE ESTABLISHED BY THE MEMORANDUM OF 23 OCTOBER 1979 DOES NOT LIMIT THE RIGHT EITHER OF THE STAFF REPRESENTATIVE OR OF ANY OTHER MEMBER OF THE COMMITTEE TO ASSESS FREELY ALL THE FACTORS TO BE TAKEN INTO CONSIDERATION IN CLARIFYING THE CHOICE OF THE APPOINTING AUTHORITY . MR ARDENTE ' S ERROR IN VOLUNTARILY ABSTAINING FROM EXPRESSING HIS OPINION ON SOME OF THOSE FACTORS CANNOT THEREFORE BE ATTRIBUTED TO THE COMMISSION .
27 FOR THOSE REASONS THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
28 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING . HOWEVER , PURSUANT TO THE SECOND SUBPARAGRAPH OF PARAGRAPH ( 3 ) OF THAT ARTICLE , THE COURT MAY ORDER EVEN A SUCCESSFUL PARTY TO PAY COSTS WHICH THE COURT CONSIDERS THAT PARTY TO HAVE UNREASONABLY OR VEXATIOUSLY CAUSED THE OPPOSITE PARTY TO INCUR .
29 IT FOLLOWS FROM THE MATTERS SET OUT ABOVE RELATING TO THE PROCEDURE OF THE RECRUITING COMMITTEE THAT IT WAS VITIATED BY A NUMBER OF UNFORTUNATE IRREGULARITIES AND AMBIGUITIES WHICH , EVEN THOUGH THEY DO NOT CONSTITUTE SUFFICIENT REASON FOR ANNULLING THE DISPUTED DECISION OF THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE , WERE OF SUCH A NATURE AS TO THROW SERIOUS DOUBT ON THAT DECISION AND MIGHT REASONABLY INDUCE THE APPLICANT TO BRING THIS ACTION .
IT IS THEREFORE APPROPRIATE THAT THE COSTS WHICH THE APPLICANT HAS THUS