C OFFICIALS . SHE WAS SUCCESSFUL IN THAT COMPETITION AND UNDERWENT , ON 5 APRIL 1977 , THE MEDICAL EXAMINATION PROVIDED FOR BY ARTICLE 33 OF THE STAFF REGULATIONS . AFTER BEING FIRST EXAMINED BY THE MEDICAL OFFICER SHE WAS INVITED TO UNDERGO A NEURO-PSYCHIATRIC EXAMINATION . FOLLOWING UPON THE EXAMINATION BY THE SPECIALIST SHE WAS INFORMED BY LETTER OF 5 JULY 1977 THAT SHE DID NOT FULFIL THE CONDITIONS FOR PHYSICAL FITNESS REQUIRED FOR THE PERFORMANCE OF HER DUTIES . THAT LETTER ADDED THAT , SHOULD THE APPLICANT WISH TO KNOW THE REASONS FOR THAT UNFITNESS , SHE MIGHT REQUEST HER OWN DOCTOR TO GET IN TOUCH WITH THE HEAD OF THE MEDICAL BRANCH OF THE COMMISSION . SHE WAS TOLD , MOREOVER , THAT IS WAS OPEN TO HER , WITHIN A PERIOD OF 20 DAYS , TO REQUEST THE RE-EXAMINATION OF HER CASE BY A MEDICAL BOARD COMPOSED OF THREE DOCTORS CHOSEN FROM AMONGST THE MEDICAL OFFICERS OF THE INSTITUTION .
3 THE APPLICANT FIRST AVAILED HERSELF OF THE LATTER OPPORTUNITY . SHE WAS INFORMED ON 6 OCTOBER 1977 THAT THE MEDICAL BOARD HAD DECIDED TO CONFIRM THE EARLIER OPINION OF THE MEDICAL BRANCH . AT THE REQUEST OF THE APPLICANT ' S OWN DOCTOR A REPORT SUMMARILY GIVING THE REASONS FOR THE UNFITNESS WAS SENT TO HIM ON 21 NOVEMBER 1977 AND , IN REPLY TO A FURTHER REQUEST FROM HER OWN DOCTOR ON 28 NOVEMBER , A NUMBER OF ADDITIONAL DETAILS WERE DISCLOSED ON 13 DECEMBER 1977 .
4 IN SUPPORT OF HER APPLICATION THE APPLICANT ARGUES , FIRST , THAT ONLY ' ' PHYSICAL UNFITNESS ' ' MAY BE TAKEN INTO ACCOUNT UNDER ARTICLE 33 OF THE STAFF REGULATIONS AND THAT , BEING BASED ON HER ALLEGED PSYCHOLOGICAL OR PSYCHICAL UNFITNESS , THE DECISION UNDER ATTACK WAS ULTRA VIRES . THE APPLICANT ALSO ALLEGES THAT THE DECISION IN QUESTION IS VITIATED BY ERRORS OF FACT AND , IN ANY EVENT , DOES NOT STATE SUFFICIENTLY THE REASONS UPON WHICH IT IS BASED . FINALLY , SHE CONTENDS THAT THE DECISION IN QUESTION BREACHES THE GENERAL PRINCIPLES OF EQUALITY OF THE SEXES AND EQUALITY OF TREATMENT INASMUCH AS THE COMMISSION SUBMITS FEMALE CANDIDATES TO A NEURO-PSYCHIATRIC EXAMINATION MORE SYSTEMATICALLY THAN MALE CANDIDATES .
ADMISSIBILITY
5 THE COMMISSION HAS DISPUTED THE ADMISSIBILITY OF THE APPLICATION SUBMITTING THAT IN THE COURSE OF THE PROCEEDINGS THE APPLICANT HAD LOST ANY INTEREST IN SUING SINCE IN THE MEANTIME SHE HAS BEEN APPOINTED AN OFFICIAL OF THE EUROPEAN PARLIAMENT IN FEBRUARY 1979 .
6 THAT OBJECTION TO THE ADMISSIBILITY OF THE APPLICATION CANNOT , HOWEVER , BE UPHELD . ALTHOUGH IT IS TRUE THAT FOLLOWING UPON THAT APPOINTMENT THE APPLICANT MAY , IF APPROPRIATE , REQUEST HER TRANSFER TO A VACANT POST WITH THE COMMISSION UNDER ARTICLE 29 ( 1 ) ( C ) OF THE STAFF REGULATIONS , THAT PROSPECT , HYPOTHETICAL IN ITS NATURE , MAY NOT BE LIKENED TO THE POSITION IN WHICH SHE WOULD HAVE FOUND