BEITEN WITHIN THE MEANING OF ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS IS THE LETTER OF 15 JUNE 1984 IN WHICH SHE WAS INFORMED OF THE DECISION NOT TO ADMIT HER TO THE TESTS AND NOT THE LETTER OF 7 SEPTEMBER 1984 WHICH MERELY CONFIRMED THAT DECISION AND PROVIDED A MORE DETAILED STATEMENT OF THE REASONS ON WHICH IT WAS BASED .
8 IN THAT REGARD, IT MUST BE POINTED OUT THAT THE LETTERS OF 15 JUNE AND 7 SEPTEMBER 1984 ARE STANDARD-FORM LETTERS, THE FIRST OF WHICH WAS SENT TO ALL THE CANDIDATES NOT ADMITTED TO THE TESTS IN THE COMPETITION AND THE SECOND OF WHICH WAS SENT TO ALL THOSE WHO ASKED FOR MORE DETAILS AS TO THE REASONS FOR THEIR EXCLUSION AND FOR A RECONSIDERATION OF THE DECISION TO EXCLUDE THEM . SINCE THE DECISION CONTAINED IN THE LETTER OF 7 SEPTEMBER 1984 WAS ADOPTED FOLLOWING A RECONSIDERATION OF THE PREVIOUS DECISION NOT TO ADMIT THE APPLICANT TO THE TESTS, WHICH THE SELECTION BOARD CARRIED OUT AT THE APPLICANT' S REQUEST, IT MUST BE HELD, FOLLOWING THE COURT' S JUDGMENT OF 11 MARCH 1986 IN CASE 293/84 SORANI V COMMISSION (( 1986 )) ECR 967, THAT THE SECOND DECISION REPLACED THE PREVIOUS DECISION AND CANNOT BE REGARDED AS MERELY CONFIRMING IT . THE COMMISSION' S OBJECTION OF INADMISSIBILITY CANNOT THEREFORE BE UPHELD .
9 IN SUPPORT OF HER APPLICATION, THE APPLICANT PUTS FORWARD THE FOLLOWING SUBMISSIONS :
INFRINGEMENT OF ARTICLE 25 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS AND ARTICLE 5 OF ANNEX III THERETO;
INFRINGEMENT OF ARTICLE 5 ( 3 ) OF THE STAFF REGULATIONS AND OF THE GENERAL PRINCIPLES OF EQUALITY AND DISTRIBUTIVE JUSTICE, AND OF THE PRINCIPLE THAT EVERY ADMINISTRATIVE ACT MUST BE BASED ON REASONS WHICH ARE ADMISSIBLE IN LAW;
INFRINGEMENT OF ARTICLE 5 ( 3 ) OF THE STAFF REGULATIONS AND ARTICLE 5 ( 3 ) AND ( 4 ) OF ANNEX III THERETO, DISREGARD OF THE PURPOSE OF THE COMPETITION PROCEDURE AND FAILURE TO OBSERVE THE PRINCIPLES OF EQUALITY AND DISTRIBUTIVE JUSTICE .
10 IN HER FIRST SUBMISSION, UNDER WHICH SHE ALLEGES THAT NO OR NO ADEQUATE REASONS WERE GIVEN FOR THE DECISION, THE APPLICANT CLAIMS THAT THE DECISION OF THE SELECTION BOARD COMMUNICATED TO HER ON 7 SEPTEMBER 1984 CONTAINS NOTHING, HOWEVER SUMMARY, TO INDICATE THE REASONS FOR WHICH HER INDIVIDUAL APPLICATION WAS REJECTED . THE REASON FOR WHICH THE SELECTION BOARD CONSIDERED THAT MISS BEITEN DID NOT ALREADY PERFORM ALL THE DUTIES OF AN OFFICIAL AT THE LEVEL OF CATEGORY B OR, AT VERY LEAST, DID NOT HAVE ALL THE POTENTIALITIES FOR PERFORMING THEM, IS TO BE FOUND NEITHER IN THE LETTER OF 7 SEPTEMBER 1984 INFORMING HER OF THAT DECISION NOR IN ANY OTHER DOCUMENT OF WHICH SHE COULD HAVE HAD KNOWLEDGE .
11 THE COMMISSION REPLIES THAT ITS LETTER OF 7 SEPTEMBER 1984 NOT MERELY INDICATED THE GENERAL CRITIERA ADOPTED BY THE SELECTION BOARD BUT SET OUT THE FACTORS, DRAWN FROM