EDUARDO CAPUANO, RAFFAELE DE SANTIS, CLAUDIO GUIDA, FRANCESCO PETTINI, VITO SACCOMANDI, CARLO SAVIOINI AND DARIO TOSI, TO POSTS OF PRINCIPAL ADMINISTRATOR WHICH WERE THE SUBJECT OF VACANCY NOTICES COM/943/72, COM/396/72, COM/646/72, COM/938/72, COM/939/72, COM/931/72, COM/940/72, COM/947/72 AND COM/948/72, AND THE ANNULMENT OF ALL CONNECTED DECISIONS AND THE DECISION REJECTING THE COMPLAINTS MADE IN THAT RESPECT .
Grounds
1 THE APPLICATIONS LODGED ON 28 OCTOBER 1974 AND RECEIVED AT THE COURT REGISTRY ON THE SAME DATE ARE FOR THE ANNULMENT OF THE DECISIONS OF THE COMMISSION OF 22 OCTOBER 1973 APPOINTING MESSRS P . BURIGANA, F . CONTE, E . CAPUANO, R . DE SANTIS, C . GUIDA, F . PETTINI, V . SACCOMANDI, C . SAVOINI AND D . TOSI TO POSTS OF PRINCIPAL ADMINISTRATOR OF CATEGORY AND CAREER BRACKET A 5 - A 4, WHICH WERE THE SUBJECT OF VACANCY NOTICES COM/943/72, COM/396/72, COM/646/72, COM/938/72, COM/939/72, COM/931/72, COM/940/72, COM/947/72 AND COM/948/72 .
2 THESE APPOINTMENTS WERE MADE IN APPLICATION OF ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS, WHEREBY A PROCEDURE OTHER THAN THE COMPETITION PROCEDURE MAY BE ADOPTED IN PARTICULAR IN EXCEPTIONAL CASES FOR RECRUITMENT TO POSTS WHICH REQUIRE SPECIAL QUALIFICATIONS .
ADMISSIBILITY
3 THE DEFENDANT FIRST OF ALL CLAIMS THAT APPLICATIONS 87/74 AND 88/74 ARE INADMISSIBLE ON THE GROUND THAT ON THE DATE ON WHICH THEY WERE LODGED THE APPLICANTS NO LONGER HAD THE STATUS OF OFFICIALS BECAUSE THEIR RESIGNATIONS TOOK EFFECT FROM 1 MARCH AND 1 OCTOBER 1974 RESPECTIVELY .
4 ACCORDING TO THESE TWO APPLICANTS THEIR INTEREST IN BRINGING PROCEEDINGS FOLLOWS FROM THE FACT THAT THEY WERE OFFICIALS WHEN THE CONTESTED DECISIONS WERE TAKEN AND ALSO WHEN PROCEEDINGS WERE STARTED BY MEANS OF THEIR PREVIOUS COMPLAINT, AND THAT THEY COULD AT LEAST, LIKE THE OTHER APPLICANTS, HAVE TAKEN PART IN COMPETITIONS HAD THESE BEEN HELD .
5 UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS, 'ANY PERSON TO WHOM THESE STAFF REGULATIONS APPLY' MEANS NOT ONLY OFFICIALS WHO ARE AT PRESENT SERVING BUT ALSO THOSE WHO WERE DOING SO PREVIOUSLY AND ANY CANDIDATES FOR A POST .
6 NEVERTHELESS, IN ORDER FOR A FORMER OFFICIAL TO BE ABLE TO LODGE AN APPEAL UNDER THESE PROVISIONS HE MUST HAVE IN ADDITION A PERSONAL INTEREST IN THE ANNULMENT OF THE CONTESTED MEASURE .
7 SUCH IS NOT THE CASE AS REGARDS AN OFFICIAL WHO, THROUGH HIS RESIGNATION, HAS SHOWN HIS DESIRE TO CEASE TO BELONG TO THE INSTITUTION WITHIN WHICH THE POSTS FILLED BY THE CONTESTED MEASURE WERE VACANT .
8 FOR THESE REASONS APPLICATIONS 87/74 AND 88/74 ARE INADMISSIBLE .
9 THE DEFENDANT ALSO QUESTIONS THE PERSONAL AND DIRECT INTEREST OF THE SEVEN OTHER APPLICANTS ON THE GROUND THAT NONE OF THEM APPLIED FOR ALL THE POSTS WHICH THE CONTESTED MEASURES FILLED, AND SOME DID NOT EVEN APPLY FOR ANY OF THESE POSTS .
10 THE INTEREST OF THESE APPLICANTS IN BRINGING PROCEEDINGS LIES IN THE FACT THAT THEY COULD, IF THE DEFENDANT HAD ORGANIZED A COMPETITION INTERNAL TO THE INSTITUTION UNDER