.
4 SHORTLY AFTERWARDS , A VACANCY AROSE FOR THE APPLICANT UNDER COMPETITION NO COM/A/301 . ON 13 DECEMBER 1982 SHE WAS APPOINTED TO A POST AS AN ADMINISTRATOR IN THE RESEARCH EVALUATION DEPARTMENT OF THE DIRECTORATE FOR SCIENTIFIC AND TECHNICAL COORDINATION , COOPERATION WITH NON-MEMBER COUNTRIES , AND COST , IN DIRECTORATE GENERAL XII - SCIENCE , RESEARCH AND DEVELOPMENT . IT SHOULD BE NOTED THAT MRS SPACHIS WAS APPOINTED TO THAT POST AS AN ESTABLISHED OFFICIAL , WITHOUT BEING REQUIRED TO COMPLETE ANOTHER PROBATIONARY PERIOD .
5 THE APPLICANT ACCEPTED THAT APPOINTMENT BUT IMMEDIATELY REQUESTED THE ADMINISTRATION TO REVIEW HER PREVIOUS EXPERIENCE WHICH , IN HER VIEW , ENTITLED HER TO BE APPOINTED DIRECTLY TO GRADE A 6 , IN ACCORDANCE WITH ARTICLE 3 OF THE DECISION OF 6 JUNE 1973 ON THE CRITERIA APPLICABLE TO GRADE AND STEP CLASSIFICATION UPON RECRUITMENT . SHE RECEIVED NO REPLY TO THAT REQUEST AND ON 29 SEPTEMBER 1983 LODGED A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS . THE COMMISSION REJECTED HER COMPLAINT ON THE GROUND THAT SHE WAS APPOINTED AN ADMINISTRATOR BY WAY OF TRANSFER FROM THE LANGUAGE SERVICE AND NOT BY WAY OF RECRUITMENT , WITH THE RESULT THAT ARTICLES 31 AND 32 OF THE STAFF REGULATIONS , CONCERNING RECRUITMENT , DID NOT APPLY IN HER CASE .
6 IN HER COMPLAINT AND HER APPLICATION TO THE COURT , MRS SPACHIS PUTS FORWARD TWO SUBMISSIONS BASED ON THE ONE HAND ON THE INFRINGEMENT OF ARTICLES 29 TO 32 OF THE STAFF REGULATIONS AND OF THE DECISION OF 6 JUNE 1973 , AND ON THE OTHER ON THE BREACH OF THE PRINCIPLE OF NON-DISCRIMINATION .
7 SHE ARGUES FIRST THAT SHE HAD , BEFORE ENTERING THE SERVICE OF THE COMMUNITIES , NINE YEARS ' EXPERIENCE OF WORK DIRECTLY RELATED TO THE DUTIES TO WHICH SHE WAS APPOINTED AS A RESULT OF COMPETITION NO COM/A/301 . THAT SPECIAL EXPERIENCE COULD NOT BE TAKEN INTO ACCOUNT WHEN SHE WAS APPOINTED AS A TRANSLATOR , SO THAT SHE HAD TO BE APPOINTED TO THE STARTING GRADE IN THAT CAREER BRACKET . SHE THEREFORE CONSIDERS THAT HER POSITION OUGHT TO HAVE BEEN REVIEWED , PURSUANT TO ARTICLE 32 OF THE STAFF REGULATIONS AND THE DECISION ADOPTED BY THE COMMISSION IN IMPLEMENTATION OF ARTICLE 32 , WHEN SHE WAS TRANSFERRED FROM THE LANGUAGE SERVICE TO A POST AS AN ADMINISTRATOR , BECAUSE HER EXPERIENCE COULD NOT PROPERLY HAVE BEEN TAKEN INTO ACCOUNT ON THE OCCASION OF HER ORIGINAL APPOINTMENT .
8 IN ADDITION , MRS SPACHIS RELIES UPON THE PRINCIPLE OF NON-DISCRIMINATION , CLAIMING THAT SHE WAS TREATED LESS FAVOURABLY THAN THE OTHER CANDIDATES IN COMPETITION NO COM/A/301 WHO WERE NOT OFFICIALS AND WHOSE PREVIOUS EXPERIENCE WAS TAKEN INTO ACCOUNT WHEREAS HERS WAS NOT .
9 IN REPLY TO THE FIRST SUBMISSION , THE COMMISSION CONTENDS THAT ARTICLES 31 AND 32 OF THE STAFF REGULATIONS APPLY ONLY ONCE IN THE CAREER OF AN OFFICIAL , NAMELY AT THE TIME WHEN HE IS FIRST RECRUITED