OF THE COMPARATIVE EXAMINATION OF THE MERITS OF THE CANDIDATES . HOWEVER, IT WAS POSSIBLE TO REMEDY THAT IRREGULARITY BY RE-EXAMINING THE FILE . IT IS THEREFORE NECESSARY TO EXAMINE THE PROCEDURE PRIOR TO THE DECISION OF 30 JANUARY 1985, ALTHOUGH IT MUST BE BORNE IN MIND THAT THE LEGALITY OF THAT DECISION CANNOT BE CALLED IN QUESTION MERELY BY REASON OF THE FACT THAT IT WAS THE SAME AS THE PREVIOUS DECISION ADOPTED AT THE CONCLUSION OF AN IRREGULAR PROCEDURE .
11 IN THAT REGARD, THE APPLICANTS CRITICIZE THE COMMISSION FOR NOT SEEKING THE VIEWS OF THE ADVISORY COMMITTEE ON APPOINTMENTS TO GRADES A*2 AND A*3 (" THE COMMITTEE ") WHEN DRAWING UP THE DECISION OF 30 JANUARY 1985 .
12 THE COMMISSION STATES THAT THERE WAS NO NEED TO CONSULT THE COMMITTEE A SECOND TIME, SINCE IT HAD ALREADY EXPRESSED ITS VIEWS DURING THE PROCEDURE LEADING TO THE DECISION OF 30 MAY 1984 .
13 THE ROLE OF THE COMMITTEE AND THE EFFECT OF ITS OPINION OF 25 MAY 1984 ON THE PROCEDURE LEADING TO THE DECISION OF 30 JANUARY 1985 MUST BE CONSIDERED .
14 IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT AND IN PARTICULAR FROM THE INFORMATION FURNISHED BY THE COMMISSION AT THE REQUEST OF THE COURT THAT THE COMMITTEE WAS SET UP PURSUANT TO A POLICY DECISION ADOPTED IN 1980 . THE TASK OF THE COMMITTEE IS TO EXAMINE APPLICATIONS FOR PROMOTIONS, INTERNAL TRANSFERS AND TRANSFERS FROM OTHER INSTITUTIONS TO POSTS IN GRADES A*2 AND A*3, WITH RESPECT TO THE ABILITIES AND APTITUDES OF THE VARIOUS CANDIDATES, HAVING REGARD TO THE QUALIFICATIONS REQUIRED FOR THE POST TO BE FILLED . WITHIN THOSE TERMS OF REFERENCE, IT ISSUES AN OPINION CONCERNING THE CANDIDATES IN QUESTION, ADDRESSED TO THE MEMBER OF THE COMMISSION WITH RESPONSIBILITY FOR THE BRANCH OF ACTIVITY CONCERNED, AND TO THE MEMBER OF THE COMMISSION RESPONSIBLE FOR PERSONNEL AND ADMINISTRATION .
15 IN THE PRESENT CASE, THE COMMITTEE DESIGNATED, ON 25 MAY 1984, IN ALPHABETICAL ORDER FROM AMONGST THE 16 OFFICIALS WHO APPLIED FOR THE POST FOUR CANDIDATES "PARTICULARLY DESERVING OF CONSIDERATION ". THE FOUR INCLUDED MESSRS HOCHBAUM AND WATERSCHOOT . HOWEVER, THE COMMITTEE DID NOT IN ANY WAY RANK THE CANDIDATES WHO WERE CONSIDERED SUITABLE FOR THE POST IN QUESTION AND DID NOT EXPRESS ANY PREFERENCE FOR ANY OF THEM IN ANY OTHER RESPECT .
16 IT MUST BE NOTED THAT THE SETTING UP BY THE COMMISSION OF AN ADVISORY COMMITTEE NOT PROVIDED FOR BY THE STAFF REGULATIONS IN ORDER TO OBTAIN AN OPINION REGARDING APPOINTMENTS TO CERTAIN POSTS IN RELATION TO THE ABILITIES AND APTITUDES OF CANDIDATES, HAVING REGARD TO THE QUALIFICATIONS REQUIRED, CONSTITUTES A MEASURE DESIGNED TO ENSURE THAT THE COMMISSION, AS APPOINTING AUTHORITY, HAS A BETTER BASIS FOR CARRYING OUT THE COMPARATIVE EXAMINATION OF THE MERITS OF THE CANDIDATES, AS REQUIRED BY ARTICLE 45 OF THE STAFF REGULATIONS . ALTHOUGH THE COMMITTEE' S ROLE IS PURELY ADVISORY, ITS OPINION IS THUS ONE OF THE FACTORS ON WHICH THE