ESTABLISH THAT HIS CLASSIFICATION IN THE COMPETITION ENTITLES HIM TO BE SELECTED IN PREFERENCE TO THE OTHER CANDIDATES . HE ALSO REFERS TO THE JUDGMENT OF THE COURT IN CASE 15/63, CONCERNING THE ROLE TO BE PLAYED BY AN OFFICIAL'S NATIONALITY IN SELECTION FOR A POST . FINALLY HE SETS OUT WITH SUFFICIENT CLARITY THE COMPLAINT OF MISUSE OF POWERS .
IT FOLLOWS FROM THE FOREGOING THAT THE APPLICATION MUST BE DECLARED TO BE ADMISSIBLE, AS THE REQUIREMENTS OF FORM IMPOSED BY ARTICLE 38 OF THE RULES OF PROCEDURE HAVE BEEN SATISFIED .
II - THE SUBSTANCE OF THE CASE
A - THE REQUEST FOR ANNULMENT OF THE APPOINTMENT OF THE CANDIDATE MR VAN CAUWENBERG
WITH REGARD TO THE POST ON THE STAFF OF THE DIRECTOR OF ADMINISTRATION AND PERSONNEL AT BRUSSELS, THE DEFENDANT HAS EMPHASIZED THAT, BY REASON OF THE FACT THAT TWO OF THE FOUR POSTS OF HEAD OF DEPARTMENT AND THE POST OF DIRECTOR WERE ALREADY OCCUPIED BY ITALIANS, IT WAS NOT POSSIBLE FOR IT TO SELECT THE APPLICANT, WHO WAS ALSO ITALIAN, FOR FEAR OF FURTHER AGGRAVATING THE GEOGRAPHICAL IMBALANCE OF POSTS IN THE DIRECTORATE IN QUESTION .
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THE APPLICANT, BASING HIS ARGUMENT ON THE JUDGMENT OF THE COURT OF 4 MARCH 1964 IN CASE 15/63, HAS ALLEGED THAT THE CRITERION OF NATIONALITY ONLY COMES INTO PLAY WHEN THE CANDIDATES' QUALIFICATIONS ARE APPROXIMATELY EQUAL AND, IN ADDITION, CAN ONLY BE TAKEN INTO ACCOUNT IN THE CONTEXT OF THE TOTALITY OF THE STAFF OF AN INSTITUTION AND NOT IN THAT OF A SINGLE DEPARTMENT .
THE JUDGMENT CITED FOLLOWED ARTICLE 27 OF THE CHAPTER OF THE STAFF REGULATIONS ENTITLED ' RECRUITMENT ' WHICH PROVIDES THAT ' NO POSTS SHALL BE RESERVED FOR NATIONALS OF ANY SPECIFIC MEMBER STATE '. THE JUDGMENT REFERRED TO, WHICH CONCERNS A CASE OF PROMOTION OR TRANSFER, CANNOT BE APPLIED TO THIS CASE .
ARTICLE 27 ALSO STIPULATES THAT OFFICIALS MUST BE ' RECRUITED ON THE BROADEST POSSIBLE GEOGRAPHICAL BASIS '. THIS BROAD GEOGRAPHICAL DISTRIBUTION IS PARTICULARLY DESIRABLE IN THE DIRECTORATE OF ADMINISTRATION AND PERSONNEL, WHICH CONCERNS ALL OFFICIALS . IN ANY EVENT, THE PRACTICAL REQUIREMENTS OF THE POST MAY WELL HAVE MADE IT NECESSARY TO AVOID THE APPOINTMENT OF A FOURTH SERVANT WITH THE SAME LEGAL AND ADMINISTRATIVE TRAINING IN A DIRECTORATE WHOSE STAFF COMPRISES SIX PERSONS IN ALL .
THE DEFENDANT WAS THEREFORE ENTITLED IN THIS CASE TO GIVE PREFERENCE TO A CANDIDATE OF A NATIONALITY OTHER THAN THAT OF THE APPLICANT . EVEN IF THE COMMISSION WERE TO BE CRITICIZED FOR SELECTING THE THIRTY-FIFTH CANDIDATE AND THE FIFTH BELGIAN IN THE ORDER OF MERIT IN THE COMPETITION IN PREFERENCE TO ALL THE CANDIDATES PLACED HIGHER IN THE LIST, THE APPLICANT HAS NO PERSONAL INTEREST IN FORMULATING THAT COMPLAINT .
THIS HEAD OF CLAIM MUST THEREFORE BE DISMISSED .
B - THE REQUEST FOR ANNULMENT OF THE APPOINTMENT OF THE CANDIDATE MR PETRUCCO
WITH REGARD TO THE VACANT POST IN THE PERSONNEL DEPARTMENT OF THE KARLSRUHE ESTABLISHMENT OF THE JOINT