THAT THERE WAS NO FORMAL PUBLICATION OF A NOTICE OF INTER-INSTITUTIONAL TRANSFER .
4 THE APPLICANT , 16 OTHER OFFICIALS OF THE COUNCIL IN GRADE A 3 , INCLUDING AN OFFICIAL OF LUXEMBOURG NATIONALITY , MR FEIPEL , AND MR KASEL , A TEMPORARY SERVANT OF THE COMMISSION IN GRADE A 3 , SUBMITTED APPLICATIONS WITHIN THE PRESCRIBED PERIOD . AN APPLICATION WAS SUBMITTED AFTER THE PERIOD HAD EXPIRED BY ANOTHER COUNCIL OFFICIAL . THE SECRETARY GENERAL OF THE COUNCIL , IN HIS CAPACITY AS APPOINTING AUTHORITY , REJECTED ALL THE APPLICATIONS OF THE COUNCIL OFFICIALS BY LETTERS OF 31 JULY 1981 .
5 THE LETTERS SENT TO CANDIDATES WHO WERE NOT OF LUXEMBOURG NATIONALITY ARE IDENTICAL AND CONTAIN THE FOLLOWING STATEMENTS OF REASONS FOR THE REJECTION OF THE APPLICATIONS :
' ' . . . IN ORDER TO FILL THE POST , I AM OBLIGED TO TAKE INTO ACCOUNT NOT ONLY THE KNOWLEDGE AND EXPERIENCE REQUIRED FOR THIS MANAGEMENT POST BUT ALSO THE NEED TO MAINTAIN AN APPROPRIATE GEOGRAPHICAL BALANCE . ' '
ON THE OTHER HAND , IN THE LETTER SENT TO THE OFFICIAL OF LUXEMBOURG NATIONALITY , MR . FEIPEL , THE FOLLOWING REASONS ARE GIVEN FOR THE REJECTION :
' ' IN ADDITION TO THE NEED TO PROVIDE FOR APPROPRIATE GEOGRAPHICAL BALANCE , THE CHOICE OF CANDIDATE FOR THIS POST IS DETERMINED BY THE REQUIREMENT OF POSSESSING THE SPECIFIC KNOWLEDGE AND EXPERIENCE NECESSARY TO PERFORM THESE MANAGEMENT DUTIES . I AM FAMILIAR WITH THE DETAILS OF YOUR CAREER AND I CONSIDER THAT YOUR SPECIFIC KNOWLEDGE AND EXPERIENCE DO NOT CORRESPOND TO THE DUTIES OF THE ABOVE-MENTIONED MANAGEMENT POST . ' '
6 MR FEIPEL ' S APPLICATION WAS ACCOMPANIED BY AN ' ' EXPLANATORY NOTE ' ' WHICH ACCUSED THE COUNCIL OF RESERVING THE NEWLY-CREATED POST FOR A LUXEMBOURG OFFICIAL WHOSE NAME WAS ALREADY KNOWN . THAT CRITICISM WAS WORDED AS FOLLOWS :
' ' IN COMMON WITH MY A 3 COLLEAGUES , IN SUBMITTING MY CANDIDATURE , I AM UNDER NO ILLUSION AND I DO SO SOLELY SO THAT I CANNOT BE TOLD AT A LATER STAGE THAT OWING TO THE ABSENCE OF CANDIDATURES WITHIN THE GENERAL SECRETARIAT , THE ADMINISTRATION HAS BEEN OBLIGED TO RECRUIT SOMEONE FROM OUTSIDE .
I AM VERY WELL AWARE , AS INDEED ARE ALL MY A 3 COLLEAGUES , THAT THE A 2 POST DECLARED VACANT BY THE ABOVE-MENTIONED NOTICE IS TO BE FILLED BY A LUXEMBOURG OFFICIAL BY APPLICATION OF THE SO-CALLED ' PARACHUTE ' PROCEDURE . THAT OFFICIAL ' S NAME , CURRICULUM VITAE AND PRESENT POST ARE KNOWN . I DO NOT WISH TO ARGUE ABOUT HIS AGE OR HIS GENERAL QUALITIES BUT I WOULD NEVERTHELESS MAKE ONE OBSERVATION : IN THE COURSE OF HIS SHORT CAREER HE HAS NEVER DEALT WITH PROBLEMS RELATING TO THE BUDGET .
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7 THREE DAYS BEFORE THE LETTERS REJECTING THE OFFICIALS ' APPLICATIONS WERE DISPATCHED , THE AGENCE EUROPE NEWS-SHEET OF 27 TO 28 JULY PUBLISHED THE FOLLOWING