THEIR ADVANCEMENT TO HIGHER STEPS AND BY PROMOTIONS WITHIN THAT CATEGORY . QUITE PROPERLY , ARTICLE 46 HAS THE EFFECT OF MAINTAINING THE SENIORITY THUS ACQUIRED WHEN OFFICIALS ARE TRANSFERRED TO A NEW CATEGORY .
25 THE FACT THAT ACCOUNT IS TAKEN OF RELEVANT EXPERIENCE BY MEANS OF TWO SEPARATE SYSTEMS , EACH OF WHICH APPLIES TO ONE OF TWO DIFFERENT GROUPS OF CANDIDATES , DOES NOT CONSTITUTE DISCRIMINATION , PROVIDED THAT THE TWO GROUPS ARE OBJECTIVELY DIFFERENT AND THE TWO SYSTEMS ARE ADAPTED TO THE PARTICULAR CIRCUMSTANCES OF EACH GROUP , AND NOTWITHSTANDING THE FACT THAT , IN A SPECIFIC INSTANCE , THE OTHER SYSTEM PROVES MORE ADVANTAGEOUS TO THE CANDIDATE IN QUESTION . THE DISADVANTAGE OF WHICH THE APPLICANT COMPLAINS IS , MOREOVER , OFFSET BY THE ADVANTAGES - IN THE FORM OF DISPENSATION FROM THE AGE-LIMIT AND PROBATIONARY PERIOD - ACCORDED TO HIM BUT NOT TO EXTERNAL CANDIDATES AND SIMILARLY FOUNDED ON THE OBJECTIVE DIFFERENCE BETWEEN THE CIRCUMSTANCES OF THE TWO GROUPS .
26 CONSEQUENTLY , THE APPLICANT ' S ARGUMENTS AGAINST THE REJECTION OF HIS COMPLAINT ARE WITHOUT FOUNDATION AND THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
27 PURSUANT TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , UNDER ARTICLE 70 OF THOSE RULES , INSTITUTIONS ARE TO BEAR THEIR OWN COSTS IN PROCEEDINGS BROUGHT BY SERVANTS OF THE COMMUNITIES .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2 . ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .