REJECTED BY LETTER OF THE SECRETARY-GENERAL OF THE COUNCIL OF 20 JULY 1984 ; HE THEREUPON BROUGHT THE PRESENT ACTION .
6 REFERENCE SHOULD BE MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED ACCOUNT OF THE FACTS AND OF THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES , WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE APPLICATION FOR THE ANNULMENT OF THE DECISION TO MAKE THE APPOINTMENT 7 IN SUPPORT OF HIS APPLICATION FOR THE ANNULMENT OF DECISION NO 11/83 APPOINTING MR CONSTANTINOPOULOS , THE APPLICANT ' S FIRST SUBMISSION IS THAT THE DECISION INFRINGES ARTICLE 27 OF THE STAFF REGULATIONS , WHICH CALLS FOR THE RECRUITMENT OF OFFICIALS ' OF THE HIGHEST STANDARD OF ABILITY , EFFICIENCY AND INTEGRITY ' . THE APPLICANT CLAIMS THAT THE COUNCIL , IN DECIDING TO APPOINT MR CONSTANTINOPOULOS , TOOK INTO ACCOUNT NEITHER THE APPLICANT ' S QUALIFICATIONS , WHICH ARE GENERALLY SUPERIOR TO THOSE PRODUCED BY THE APPOINTED CANDIDATE , NOR THE FACT THAT HE WAS PLACED FIRST IN THE COMPETITION .
8 AS FAR AS AN EVALUATION OF THE CANDIDATES ' QUALIFICATIONS IS CONCERNED , THE COURT CONSIDERS IT SUFFICIENT TO OBSERVE THAT THE COMPETITION IN QUESTION WAS BASED ON QUALIFICATIONS AND TESTS , AND REQUIRED CANDIDATES ' QUALIFICATIONS TO BE TAKEN INTO ACCOUNT WHEN DECIDING WHETHER TO ADMIT THEM TO THE TESTS ; WHETHER CANDIDATES ' NAMES WERE ENTERED ON THE LIST OF SUITABLE CANDIDATES , HOWEVER , DEPENDED ON THE POINTS OBTAINED IN THE TESTS . THE COUNCIL WAS THEREFORE JUSTIFIED IN IGNORING THE QUALIFICATIONS OF SUCCESSFUL CANDIDATES WHEN CHOOSING FROM AMONGST THEM , SINCE ACCOUNT HAD ALREADY BEEN TAKEN OF THOSE QUALIFICATIONS WHEN THE CANDIDATES WERE ADMITTED TO THE COMPETITION . THE SUBMISSION MUST THEREFORE BE REJECTED .
9 AS REGARDS THE SUBMISSION BASED ON THE ORDER IN WHICH THE SUCCESSFUL CANDIDATES AT THE COMPETITION WERE CLASSIFIED , IT SHOULD BE RECALLED THAT ACCORDING TO ARTICLE 30 OF THE STAFF REGULATIONS THE APPOINTING AUTHORITY CHOOSES FROM THE LIST OF SUITABLE CANDIDATES YIELDED BY THE COMPETITION THOSE WHOM IT INTENDS TO APPOINT TO THE VACANT POSTS . AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 15 DECEMBER 1966 ( CASE 62/65 SERIO V COMMISSION ( 1966 ) ECR 561 ), THE APPOINTING AUTHORITY IS ENTITLED IN MAKING ITS SELECTION TO IGNORE THE PRECISE ORDER OF MERIT IN THE COMPETITION FOR REASONS WHICH IT IS INCUMBENT UPON THE ADMINISTRATION TO DETERMINE AND TO JUSTIFY BEFORE THE COURT , PROVIDED THAT IT DOES NOT DESTROY THE VERY ESSENCE OF THE COMPETITION BY DEPARTING SUBSTANTIALLY FROM THE RESULTS OF THE COMPETITION WITHOUT SERIOUS REASONS . IT FOLLOWS THAT THE ADMINISTRATION IS NOT IN ALL CIRCUMSTANCES BOUND TO APPOINT THE CANDIDATE PLACED FIRST BUT MAY GIVE PREFERENCE TO ANOTHER CANDIDATE LISTED AS SUITABLE IF IT HAS REASONS FOR DOING SO WHICH SERVE THE INTERESTS OF THE SERVICE .
10 THE COUNCIL JUSTIFIES ITS CHOICE OF CANDIDATE