THE NATURE OF THE VACANT POST THE SELECTION BOARD TOOK THE VIEW THAT A ' GOOD ' KNOWLEDGE OF FRENCH WAS ESSENTIAL AND THAT , SPECIFICALLY , CANDIDATES ' READING , WRITING AND SPEAKING ABILITY SHOULD AT LEAST BE ' GOOD ' . THE BOARD THEN EXAMINED THE APPLICATION FORMS AND REJECTED ALL THE CANDIDATES WHO HAD STATED , UNDER ANY ONE OF THOSE HEADINGS , THAT THEIR KNOWLEDGE OF FRENCH WAS ONLY ' FAIR ' AND NOT AT LEAST ' GOOD ' . ON THAT BASIS , FIVE OF THE 14 CANDIDATES , INCLUDING THE APPLICANTS , WERE REFUSED ADMISSION TO THE TESTS .
6 IT WAS IN THOSE CIRCUMSTANCES THAT , BY LETTERS SENT BY THE CHAIRMAN OF THE SELECTION BOARD TO THE APPLICANTS ON 12 AUGUST 1985 , THEY WERE INFORMED THAT THEY HAD NOT BEEN ADMITTED TO THE TESTS . NEVERTHELESS , FOLLOWING A MEETING WITH THE HEAD OF THE PERSONNEL AND ADMINISTRATION DIVISION OF THE COURT OF AUDITORS , THE BOARD DECIDED , PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 2 OF ANNEX III TO THE STAFF REGULATIONS , TO GIVE ALL THE CANDIDATES IN THE COMPETITION THE OPPORTUNITY TO SUBMIT , NOT LATER THAN 30 SEPTEMBER 1985 , ANY ADDITIONAL OBSERVATIONS WHICH THEY MIGHT WISH TO MAKE IN CONNECTION WITH THE DECISIONS REFUSING TO ADMIT THEM TO THE TESTS . MR HOYER AND MR NEUMANN SUBMITTED THEIR ' ADDITIONAL OBSERVATIONS ' ON 26 SEPTEMBER 1985 .
7 BY A MEMORANDUM OF 4 OCTOBER 1985 THE APPOINTING AUTHORITY INFORMED THE CHAIRMAN OF THE SELECTION BOARD HOW , IN ITS VIEW , THE CONDITIONS FOR ADMISSION TO THE COMPETITION IN QUESTION SHOULD BE APPLIED . AS REGARDS THE REQUIREMENT OF KNOWLEDGE OF FRENCH , THE APPOINTING AUTHORITY STATED THAT :
' ALTHOUGH THAT REQUIREMENT APPEARS UNDER THE HEADING ' ' ELIGIBILITY ' ' , SINCE THE INFORMATION SUPPLIED IN THAT RESPECT BY THE CANDIDATES IS BY DEFINITION SUBJECTIVE , IT IS ESSENTIAL TO VERIFY IT OBJECTIVELY BY MAKING THE CANDIDATES UNDERGO THE LANGUAGE TESTS PROVIDED FOR UNDER B ( 1 ) ( C ) OF THE NOTICE OF COMPETITION . APPLICATIONS MAY NOT BE REJECTED MERELY ON THE BASIS OF CANDIDATES ' SUBJECTIVE STATEMENTS . '
8 NEVERTHELESS , BY CONFIRMATORY DECISIONS OF 28 OCTOBER 1985 , THE BOARD MAINTAINED ITS DECISIONS OF 2 AUGUST 1985 REFUSING TO ADMIT THE APPLICANTS TO THE COMPETITION . THOSE DECISIONS ARE THE SUBJECT OF THESE PROCEEDINGS .
9 THE APPLICANTS CLAIM IN SUBSTANCE THAT BY ALTERING ON ITS OWN INITIATIVE THE ADMISSION CONDITIONS REGARDING THE REQUIRED KNOWLEDGE OF LANGUAGES THE SELECTION BOARD WENT BEYOND THE CONDITIONS LAID DOWN IN THE NOTICE OF COMPETITION AND INTERPRETED THEM ERRONEOUSLY . A KNOWLEDGE OF FRENCH WAS REQUIRED IN VIEW OF THE NATURE OF THE DUTIES , BUT NO SPECIFIC LEVEL WAS INDICATED . THE BOARD THEREFORE TOOK UPON ITSELF THE ADOPTION OF A NEW RULE . MOREOVER , IT HAD COME TO A DECISION WITHOUT ASSESSING THE APPLICANTS ' KNOWLEDGE OF FRENCH