TO THE DIRECTORS-GENERAL WERE NEITHER THE COMPETITORS NOR THE ADVERSARIES OF THE CANDIDATES AND THEY ARE NOT THEREFORE ENTITLED TO RELY ON A RIGHT OF REPLY . FURTHERMORE , THE INTERVIEW WITH THE ASSISTANTS WAS ONLY ONE OF THE FACTORS TAKEN INTO ACCOUNT IN ANALYSING EACH CANDIDATE ' S APPLICATION AND THE ASSISTANTS ' OPINION WAS NOT DECISIVE .
17 FOR THE PURPOSES OF CONSIDERING THIS SUBMISSION , IT SHOULD BE NOTED THAT IN THE CONTEXT OF A COMPETITION THE SELECTION BOARD IS CALLED UPON TO ASSESS FACTORS KNOWN TO THE CANDIDATES , WHETHER IT BE QUALIFICATIONS THAT THEY HOLD , TESTS WHICH THEY HAVE UNDERGONE OR PERIODIC ASSESSMENTS OF WHICH THEY ARE AWARE AND ON WHICH THEY HAVE HAD AN OPPORTUNITY TO COMMENT . THAT CONSTITUTES A GUARANTEE THAT THE COMPETITION WILL BE PROPERLY CONDUCTED AND A PROTECTION AGAINST ARBITRARINESS , INASMUCH AS THE CANDIDATES ARE AWARE OF ALL THE FACTORS WHICH ENTERED INTO THE SELECTION BOARD ' S ASSESSMENT AND ARE THEREFORE WELL PLACED TO CONTEST THAT ASSESSMENT IF THEY CONSIDER THAT IT IS WRONG .
18 IF , ON THE OTHER HAND , THE SELECTION BOARD BASES ITS DECISION AT LEAST IN PART , AS IT DID IN THIS CASE , ON FACTORS SUCH AS INFORMATION SUPPLIED BY , AND THE OPINIONS OF , THE CANDIDATES ' SUPERIORS , OF WHICH THE CANDIDATES CONCERNED HAVE NO KNOWLEDGE , THOSE CANDIDATES HAVE NO OPPORTUNITY TO DEFEND THEMSELVES AGAINST STATEMENTS MADE BY THIRD PARTIES WHICH , THOUGH THEY MAY WELL BE PERFECTLY CORRECT , MAY ALSO BE INCORRECT FOR ONE REASON OR ANOTHER .
19 THE FACT THAT THE CANDIDATES DID NOT HAVE AN OPPORTUNITY TO STATE THEIR VIEWS ON THE OPINIONS EXPRESSED ON THEM BY THEIR SUPERIORS THUS CONSTITUTES A BREACH OF A PRINCIPLE WHICH THE SELECTION BOARD OUGHT TO HAVE RESPECTED AND VITIATES THE PROCEDURE WHICH LED TO THE DECISION NOT TO ADMIT THE APPLICANTS TO THE TESTS FOR THE COMPETITION IN QUESTION .
20 THE DECISION OF THE SELECTION BOARD FOR COMPETITION NO COM/B/2/82 NOT TO ADMIT THE APPLICANTS TO THE TESTS FOR THAT COMPETITION MUST THEREFORE BE ANNULLED .
Decision on costs
COSTS
21 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING . SINCE THE COMMISSION HAS BEEN UNSUCCESSFUL IN ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
( 1 ) ANNULS THE DECISION OF THE SELECTION BOARD FOR COMPETITION NO . COM/B/2/82 CONTAINED IN THE LETTERS DRAFTED IN IDENTICAL TERMS SENT TO EACH OF THE APPLICANTS ON 7 SEPTEMBER 1984 REFUSING TO ADMIT THEM TO THE TESTS FOR THAT COMPETITION ;
( 2)ORDERS THE COMMISSION TO PAY THE COSTS , INCLUDING THOSE OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES .