CONFORMITY WITH THE SECOND PARAGRAPH OF ARTICLE 32 OF THE STAFF REGULATIONS , ARTICLE 5 OF THE LATTER DECISION PROVIDES THAT :
' TO TAKE ACCOUNT OF A CANDIDATE ' S PROFESSIONAL EXPERIENCE WHICH EXCEEDS THAT TAKEN INTO CONSIDERATION FOR DETERMINING HIS GRADE ON APPOINTMENT , THE APPOINTING AUTHORITY SHALL ALLOW ADDITIONAL SENIORITY WITHIN THE GRADE IN ACCORDANCE WITH THE ANNEXED TABLE . '
8 THE APPLICANT ' S COMPLAINT WAS DISMISSED BY A DECISION DATED 20 SEPTEMBER 1983 . IN THAT DECISION THE COMMISSION EMPHASIZED THAT THE APPLICANT ' S APPOINTMENT INVOLVED A CHANGE OF CATEGORY IN THE COURSE OF HIS SERVICE WITH THE COMMISSION AND THAT IT COULD NOT THEREFORE BE TREATED IN THE SAME WAY AS A RECRUITMENT STRICTO SENSU . THE COMMISSION ADDED THAT THE APPLICANT HAD BEEN APPOINTED AN OFFICIAL DIRECTLY AND HAD NOT BEEN REQUIRED TO SERVE A PROBATIONARY PERIOD IN ACCORDANCE WITH ARTICLE 34 OF THE STAFF REGULATIONS .
9 THE APPLICANT STATES THAT THE PURPOSE OF HIS ACTION IS TWOFOLD , IN SO FAR AS HE CLAIMS THAT THE COURT SHOULD :
( A ) DECLARE THAT ALL CANDIDATES IN AN OPEN COMPETITION MUST BE TREATED ON AN EQUAL FOOTING , SO THAT EXTERNAL CANDIDATES HAVE NO ADVANTAGES REGARDING CLASSIFICATION EITHER IN GRADE OR IN STEP BY COMPARISON WITH OTHER CANDIDATES WHO ARE ALREADY OFFICIALS ; AND
( B)DECLARE THAT THE APPLICANT IS ENTITLED TO ADDITIONAL SENIORITY ON ACCOUNT OF HIS WORKING EXPERIENCE ACQUIRED BEFORE HIS NEW APPOINTMENT , SINCE THAT EXPERIENCE IS RELEVANT AND SPECIFIC TO HIS POST .
10 AS REGARDS THE FIRST OF THESE TWO CLAIMS , THE APPLICANT SUBMITS THAT HIS APPOINTMENT FOLLOWING AN OPEN COMPETITION IS AN INSTANCE OF RECRUITMENT AND NOT OF PROMOTION . THE PREAMBLE TO THE DECISION APPOINTING HIM REFERS TO ARTICLES 29 AND 30 OF THE STAFF REGULATIONS , WHICH ARE IN THE CHAPTER ON RECRUITMENT . MOREOVER , THERE COULD BE NO QUESTION OF PROMOTION SINCE , BEFORE COMMENCING A COMPETITION PROCEDURE , THE APPOINTING AUTHORITY MUST HAVE EXHAUSTED ALL THE POSSIBILITIES PROVIDED FOR IN SUBPARAGRAPHS ( A ), ( B ) AND ( C ) OF ARTICLE 29 ( 1 ) OF THE STAFF REGULATIONS , INCLUDING THEREFORE THE POSSIBILITY OF PROMOTION . THE APPOINTING AUTHORITY OUGHT THEREFORE TO HAVE TAKEN HIS SPECIFIC WORKING EXPERIENCE INTO ACCOUNT PURSUANT TO ARTICLE 32 OF THE STAFF REGULATIONS , WHICH DEALS SPECIFICALLY WITH RECRUITMENT , AND THEREFORE SHOULD HAVE ACCORDED HIM THE BENEFIT OF ARTICLE 5 OF THE COMMISSION DECISION OF 6 JUNE 1973 LAYING DOWN DETAILED RULES GOVERNING THE CLASSIFICATION OF OFFICIALS ON THE BASIS OF THE SECOND PARAGRAPH OF ARTICLE 32 OF THE STAFF REGULATIONS .
11 MOREOVER , THE APPLICANT SUBMITS THAT ALL SUCCESSFUL CANDIDATES IN AN OPEN COMPETITION MUST BE TREATED IN THE SAME WAY . THE FACT OF ACCORDING TO SUCCESSFUL CANDIDATES RECRUITED EXTERNALLY ADVANTAGES WHICH IT IS SOUGHT TO DENY TO CANDIDATES WHO ARE ALREADY OFFICIALS LEADS TO DISCRIMINATION WHICH IS INCOMPATIBLE BOTH WITH THE SPIRIT OF THE