OPEN TO HER .
9 IN ADDITION IT IS ESTABLISHED THAT FROM THE DATE OF THE PUBLICATION OF THE VACANCY NOTICE THE APPOINTMENT PROCEDURE FOLLOWED ITS NORMAL COURSE , THAT FIVE CANDIDATES APPLIED AND THAT MR REID FULFILLED THE CONDITIONS REQUIRED BY THE VACANCY NOTICE .
10 SINCE THE APPLICANT VOLUNTARILY DECIDED NOT TO APPLY FOR THE POST , AND THUS REFUSED TO TAKE PART IN THE APPOINTMENT PROCEDURE , SHE CANNOT NOW CHALLENGE THE APPOINTMENT OF A THIRD PARTY , AND CONSEQUENTLY HER APPLICATION FOR THE ANNULMENT OF MR REID ' S APPOINTMENT IS INADMISSIBLE .
ON THE ADMISSIBILITY OF THE ALTERNATIVE CLAIM
11 SINCE THE PRINCIPAL CLAIM IS INADMISSIBLE , THE ALTERNATIVE CLAIM SEEKING THE APPOINTMENT OF THE APPLICANT TO THE DISPUTED A 3 POST MUST LIKEWISE BE INADMISSIBLE BECAUSE IT IS APPARENT THAT THAT POST IS PROPERLY OCCUPIED BY MR REID AND THAT HIS APPOINTMENT CAN NO LONGER BE CHALLENGED BY THE APPLICANT .
12 CONSEQUENTLY , THE ACTION MUST BE DISMISSED AS INADMISSIBLE .
Decision on costs
COSTS
13 PURSUANT TO ARTICLE 70 OF THE RULES OF PROCEDURE COSTS INCURRED BY THE INSTITUTIONS IN ACTIONS BROUGHT BY SERVANTS OF THE COMMUNITIES ARE TO BE BORNE BY THE INSTITUTIONS , WITHOUT PREJUDICE TO THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 69 ( 3 ) RELATING TO COSTS WHICH THE COURT CONSIDERS THAT A PARTY HAS UNREASONABLY OR VEXATIOUSLY CAUSED THE OPPOSITE PARTY TO INCUR . GIVEN THE PATENTLY INADMISSIBLE NATURE OF THE ACTION , IT IS APPROPRIATE TO APPLY THE SECOND PARAGRAPH OF ARTICLE 69 ( 3 ) OF THE RULES OF PROCEDURE AND TO ORDER THE APPLICANT TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION AS INADMISSIBLE .
2 . ORDERS THE APPLICANT TO PAY THE COSTS IN THEIR ENTIRETY .