DEPARTMENT OF THE EUROPEAN INVESTMENT BANK , 100 BOULEVARD KONRAD-ADENAUER ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ANNULMENT OF A DECISION REJECTING A REQUEST THAT THE PROCEDURE FOR THE APPLICANT ' S PROMOTION BE REOPENED ,
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 30 DECEMBER 1980 ANNE-LISE D ' ALOYA , A COUNCIL OFFICIAL IN GRADE C 4 , BROUGHT AN ACTION SEEKING ANNULMENT OF THE DECISION REJECTING HER REQUEST THAT THE PROCEDURE FOR PROMOTION TO GRADE C 3 ( POST OF SECRETARY/SHORTHAND TYPIST ) FOR THE 1978 SESSION , OR , AT LEAST , THE 1979 SESSION , SHOULD BE REOPENED WITH RESPECT TO HER .
2 THE DUTIES CORRESPONDING TO GRADE C 3/C 2 ( SECRETARY/SHORTHAND TYPIST ) ARE DESCRIBED IN A DECISION TAKEN BY THE COUNCIL PURSUANT TO ARTICLE 5 ( 4 ) OF AND ANNEX I TO THE STAFF REGULATIONS OF OFFICIALS , AS BEING THOSE OF AN ' ' OFFICIAL CARRYING OUT SHORTHAND-TYPING AND SECRETARIAL DUTIES ' ' . THE STAFF OF THE COUNCIL WAS INFORMED , BY STAFF NOTE NO 7/79 OF 17 JANUARY 1979 , THAT PROMOTION OF AN OFFICIAL CLASSIFIED AS A TYPIST IN GRADE C 4 TO GRADE C 3 IN THE HIGHER CAREER BRACKET WAS POSSIBLE ONLY IF THE PERSON CONCERNED HAD GIVEN PRIOR EVIDENCE OF EXPERTISE IN SHORTHAND . BY STAFF NOTE NO 184/79 OF 26 SEPTEMBER 1979 IT WAS STATED THAT FROM THEN ON THOSE WHO WISHED TO DO SO COULD PROVE THAT SKILL BY PASSING A SHORTHAND TEST USING A TEXT DICTATED AT A SPEED OF 150 SYLLABLES PER MINUTE FOR THREE MINUTES , ORGANIZED EITHER WITHIN THE FRAMEWORK OF VOCATIONAL TRAINING OR AS PART OF A RECRUITMENT COMPETITION , OR BY PRODUCTION OF A CERTIFICATE ISSUED BY AN OUTSIDE INSTITUTION GIVING CLEAR DETAILS OF THE KNOWLEDGE AND SKILLS TO WHICH IT REFERRED , WITH PARTICULAR REGARD TO THE SPEED MENTIONED ABOVE .
3 THE APPLICANT IS OF NORWEGIAN NATIONALITY AND MOTHER TONGUE . SHE ENTERED THE SERVICE OF THE COUNCIL ON 1 SEPTEMBER 1972 AS A NORWEGIAN-LANGUAGE TYPIST AND A MEMBER OF THE AUXILIARY STAFF . ON 1 AUGUST 1973 , AFTER TAKING PART IN A COMPETITION FOR THE RECRUITMENT OF ENGLISH-LANGUAGE TYPISTS , SHE BECAME AN ENGLISH-LANGUAGE TYPIST , ESTABLISHED IN GRADE C 4 . IT APPEARS FROM HER PERIODIC REPORT THAT , AS PART OF HER DUTIES , SHE DOES SHORTHAND WORK IN ENGLISH AND FRENCH AND SOMETIMES WORKS IN DANISH , GERMAN AND ITALIAN . ACCORDING TO THAT REPORT HER SUPERIORS REGARD HER AS ' ' A PARTICULARLY GIFTED SECRETARY WHOSE KNOWLEDGE AND SKILL ARE OUTSTANDING ' ' .
4 IN 1979 THE APPLICANT SUBMITTED A CERTIFICATE FROM A NORWEGIAN SCHOOL DATED 29 MARCH 1979 CERTIFYING THAT IN 1971 SHE HAD PASSED A SHORTHAND EXAMINATION IN NORWEGIAN AND ENGLISH AT A SPEED CORRESPONDING , ACCORDING TO THE APPLICANT , TO 150 SYLLABLES PER MINUTE IN NORWEGIAN AND 120 SYLLABLES PER MINUTE IN ENGLISH .
5 THE APPLICANT