' S NAME WAS NOT INCLUDED IN THE LISTS DRAWN UP AND PUBLISHED ON 16 MAY 1979 AND 17 JANUARY 1980 BY THE ADVISORY COMMITTEE ON PROMOTION MAKING PROPOSALS FOR PROMOTION FOR THE YEARS 1978 AND 1979 . SINCE THE DECISIONS AS TO PROMOTION WERE TAKEN ON THE BASIS OF THE REPORT OF THAT ADVISORY COMMITTEE THE APPLICANT WAS NOT PROMOTED .
6 ON 15 FEBRUARY 1980 THE APPLICANT SENT A MEMORANDUM REFERRING TO HER KNOWLEDGE OF SHORTHAND IN NORWEGIAN AND IN ENGLISH TO THE APPOINTING AUTHORITY OF THE COUNCIL , IN WHICH SHE REQUESTED THAT HER MERITS SHOULD BE RE-ASSESSED FOR THE PURPOSE OF PROMOTION WITH EFFECT FROM 1 JANUARY 1978 . THE SECRETARY-GENERAL OF THE COUNCIL TREATED THAT MEMORANDUM AS A REQUEST WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS AND INFORMED THE APPLICANT ON 27 MARCH 1980 THAT HE WAS UNABLE TO ACCEDE TO THAT REQUEST SINCE NORWEGIAN COULD NOT BE TAKEN INTO ACCOUNT AND HER CERTIFIED SHORTHAND SPEED IN ENGLISH WAS LOWER THAN THE REQUIRED SPEED .
7 A COMPLAINT AGAINST THAT DECISION REJECTING HER REQUEST , LODGED BY THE APPLICANT ON 29 MAY 1980 IN ACCORDANCE WITH ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS , RECEIVED NO REPLY , AND SHE THEREUPON INSTITUTED THESE PROCEEDINGS WITH A VIEW TO HAVING THE PROCEDURE FOR PROMOTION REOPENED .
8 IN THE THREE SUBMISSIONS ON WHICH SHE RELIES TO SUPPORT HER ACTION , THE APPLICANT MAINTAINS IN SUBSTANCE THAT THE COUNCIL SHOULD , FOR THE PURPOSE OF PROMOTION , HAVE REGARDED AS SUFFICIENT HER SHORTHAND SKILLS IN HER MOTHER TONGUE , IN WHICH HER SPEED CORRESPONDS TO 150 SYLLABLES PER MINUTE , OR AT LEAST IN ENGLISH , IN WHICH HER SPEED CORRESPONDS TO 120 SYLLABLES PER MINUTE , THE SPEED REQUIRED IN THE SHORTHAND TESTS ORGANIZED BY THE COUNCIL FOR THE PURPOSE OF VOCATIONAL TRAINING IN A FOREIGN LANGUAGE . IT IS OUT OF ALL PROPORTION TO PREVENT ANY FURTHER ADVANCEMENT IN HER CAREER ON THE BASIS OF A REQUIREMENT WHICH BEARS LITTLE RELATION TO THE INTERESTS OF THE SERVICE OR TO THE WORK ACTUALLY REQUIRED OF MANY SECRETARIES , SINCE IN PRACTICE SHORTHAND IS USED MAINLY IN ENGLISH AND IN FRENCH . MOREOVER , OTHER INSTITUTIONS LIMIT THEIR REQUIREMENT TO A SPEED OF 120 SYLLABLES PER MINUTE IN THE CANDIDATE ' S MOTHER TONGUE AND THE APPLICANT ACHIEVES THAT SPEED IN ENGLISH . FINALLY , THE APPLICANT REFERS TO THE EVIDENCE OF SEVERAL PEOPLE TO ESTABLISH THAT THE CERTIFICATE AS TO HER SHORTHAND SKILLS ISSUED BY THE NORWEGIAN SCHOOL WAS NOT IN THE FILE EXAMINED BY THE ADVISORY COMMITTEE ON PROMOTION FOR THE 1978 SESSION OR FOR THE 1979 SESSION .
9 THE COUNCIL CONTENDS THAT THE PRINCIPLE OF EQUALITY OF TREATMENT , AND ALSO THE COMMUNITY INSTITUTIONS ' RULES GOVERNING LANGUAGES PURSUANT TO ARTICLE 28 ( F ) OF THE STAFF REGULATIONS OF OFFICIALS , PREVENT IT FROM TAKING THE APPLICANT ' S KNOWLEDGE OF SHORTHAND IN NORWEGIAN