GENERAL SUITABILITY FOR THE POST AND THEIR SPECIALIZED KNOWLEDGE AS ENGINEERS .
5AS NONE OF THE OFFICIALS CONDUCTING THE INTERVIEW WAS A PROFESSIONAL ENGINEER A REQUEST WAS MADE TO A GROUP OF THREE ENGINEERS OF OTHER DEPARTMENTS TO DIVIDE THE APPLICATIONS INTO THREE CATEGORIES : THOSE FROM ENGINEERS WHICH WERE SUITABLE FOR FURTHER CONSIDERATION , THOSE FROM ENGINEERS WHICH SHOULD NOT BE FURTHER CONSIDERED AND THOSE FROM CANDIDATES WHO WERE NOT QUALIFIED ENGINEERS AND WHICH IT THEREFORE DID NOT SEEM POSSIBLE TO TAKE INTO CONSIDERATION .
6THIS MULCAHY V COMMISSION
GROUP OF ENGINEERS PLACED THREE CANDIDATES ( INCLUDING THE APPLICANT ) IN THE FIRST CATEGORY BUT NOTED THAT THERE WAS A ' ' CONSIDERABLE DIVERGENCE BETWEEN THE DESCRIPTION OF THE POST OF HEAD OF DIVISION C 3 AND THE CANDIDATES WHO HAVE BEEN PLACED IN THE FIRST CATEGORY ' ' .
7IT
WAS STATED IN A MEMORANDUM DRAWN UP BY THE DIRECTOR GENERAL ON 6 DECEMBER 1976 THAT SEVEN CANDIDATES ( INCLUDING THE APPLICANT ) POSSESSED SOME OF THE NECESSARY ATTRIBUTES FOR THE POST WHILST THE OTHER CANDIDATES ( INCLUDING MR L ) WERE JUDGED TO BE LESS WELL QUALIFIED .
8IN THE DIRECTOR GENERAL ' S MEMORANDUM IT WAS STATED THAT NO CANDIDATE COULD BE REGARDED AS PARTICULARLY WELL QUALIFIED AND IT WAS SUGGESTED THAT THE POST BE RE-ADVERTISED AND THAT AN INTERNAL AND , IF NECESSARY , AN EXTERNAL COMPETITION SHOULD BE HELD .
9AT ITS MEETING ON 20 DECEMBER 1976 THE COMMISSION , AFTER CONSIDERATION OF THE FILES OF THE 14 CANDIDATES AND THE MEMORANDUM BY THE DIRECTOR GENERAL , DECIDED TO APPOINT MR L TO THE VACANT POST AND TO PROMOTE HIM TO GRADE A 3 WITH EFFECT FROM 1 JANUARY 1977 .
10THE CANDIDATE APPOINTED , WHO HOLDS A DEGREE IN ECONOMICS AND COMMERCE FROM THE UNIVERSITY OF GENOA , COMMENCED SERVICE IN 1962 IN DG VII WHERE HE HELD VARIOUS POSTS IN THE DIVISIONS DEALING WITH GENERAL AFFAIRS , WITH INFRASTRUCTURE CHARGING WITH AIR AND SEA TRANSPORT AND , FROM JULY 1973 TO JULY 1975 , WITH TECHNICAL ASPECTS .
11IT EMERGES FROM THE STAFF REPORT FOR THE PERIOD FROM 1 JULY 1973 TO 30 JUNE 1975 THAT MR L ' S TRAINING AND APTITUDES WERE IN PERFECT CONFORMITY WITH THE WORK ASSIGNED TO HIM AND THAT HE VERY RAPIDLY TOOK ON THE NEW DUTIES WHICH HAD BEEN ASSIGNED TO HIM IN SPITE OF THEIR VERY TECHNICAL NATURE AND THAT HE HAD SUCCESSFULLY DEPUTIZED FOR HIS HEAD OF DIVISION WHO WAS OFTEN ABSENT FOR REASONS OF HEALTH .
12ON 10 FEBRUARY 1977 THE APPLICANT , WHO IS AN OFFICIAL IN DIVISION C 2 OF DG VII AND HOLDS A DEGREE IN CIVIL ENGINEERING FROM THE NATIONAL UNIVERSITY OF IRELAND , SUBMITTED A COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS FOLLOWING THE APPOINTMENT OF MR L .
13THE FAILURE OF THE COMMISSION TO REPLY TO THIS COMPLAINT CONSTITUTED , AS FROM 10 JUNE 1977 , AN IMPLIED DECISION REJECTING IT .