MAY 1984 APPOINTING HENRY DUBOIS HEAD OF THE FRENCH TRANSLATION DIVISION AND FOR THE ANNULMENT OF THE COMMISSION ' S DECISIONS OF 24 OCTOBER AND 7 NOVEMBER 1984 CONFIRMING THAT APPOINTMENT AND REJECTING HIS COMPLAINT .
2 MR VAYSSE JOINED THE LANGUAGE SERVICE OF THE COMMISSION IN 1958 . HE WAS PROMOTED TO GRADE L/A 4 IN 1962 AND APPOINTED HEAD OF A SECTION IN THAT SERVICE WITH EFFECT FROM 1 FEBRUARY 1981 . BETWEEN 1 MAY AND 30 SEPTEMBER 1981 AND BETWEEN 1 JUNE AND 24 OCTOBER 1982 HE ACTED AS TEMPORARY HEAD OF THE FRENCH TRANSLATION DIVISION ; HE ALSO CARRIED OUT THE DUTIES OF HEAD OF DIVISION FROM 20 JANUARY UNTIL 16 MAY 1984 .
3 ON 17 FEBRUARY 1984 THE COMMISSION PUBLISHED VACANCY NOTICE NO COM/407/84 CONCERNING THE POST OF HEAD OF THE FRENCH TRANSLATION DIVISION . MR VAYSSE APPLIED FOR THAT POST , AS DID 10 OTHER CANDIDATES . ON 16 MAY 1984 THE COMMISSION DECIDED TO FILL THE VACANT POST BY PROMOTING ONE OF THE CANDIDATES , MR DUBOIS , WHO HAD ALSO BEEN HEAD OF A SECTION UNTIL THAT TIME .
4 ON 25 JUNE 1984 MR VAYSSE SUBMITTED A COMPLAINT PURSUANT TO ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS SEEKING THE ANNULMENT OF THE DECISION APPOINTING MR DUBOIS AND OF THE IMPLIED DECISION REJECTING HIS CANDIDATURE , PRIMARILY ON THE GROUND THAT DURING THE CONSIDERATION OF THE COMPARATIVE MERITS OF THE CANDIDATES HIS MOST RECENT PERIODICAL REPORT WAS NOT ON HIS PERSONAL FILE .
5 BY A LETTER OF 7 NOVEMBER 1984 THE COMMISSION INFORMED MR VAYSSE THAT ON 24 OCTOBER 1984 IT HAD CARRIED OUT A FURTHER EXAMINATION OF THE COMPARATIVE MERITS OF THE CANDIDATES , AND IN SO DOING HAD ALSO CONSIDERED THE SAID REPORT . THAT SECOND EXAMINATION HAD LED IT TO CONCLUDE THAT THE VACANT POST SHOULD INDEED BE FILLED BY THE PROMOTION OF MR DUBOIS ; IT HAD THEREFORE ' CONFIRMED ITS DECISION OF 16 MAY 1984 AND DECIDED THAT THERE WERE NO GROUNDS FOR ANNULLING THE APPOINTMENT ' OF THE SUCCESSFUL CANDIDATE . FOLLOWING THE REJECTION OF HIS COMPLAINT MR VAYSSE BROUGHT THESE PROCEEDINGS .
ADMISSIBILITY
6 THE COMMISSION DISPUTES THE ADMISSIBILITY OF THE ACTION . IT ARGUES IN SUBSTANCE THAT THE APPLICANT ' S COMPLAINT MADE ON 25 JUNE 1984 CONCERNED THE FACT THAT HIS MOST RECENT PERIODICAL REPORT WAS NOT ON HIS PERSONAL FILE WHEN THE APPOINTING AUTHORITY CONSIDERED THE COMPARATIVE MERITS OF THE CANDIDATES . SINCE THE COMMISSION SUBSEQUENTLY RE-EXAMINED THE MERITS OF THE CANDIDATES , AND IN SO DOING TOOK INTO ACCOUNT THAT REPORT , THE COMPLAINT CEASED TO HAVE ANY BASIS . CONSEQUENTLY , THE ONLY ACT ADVERSELY AFFECTING THE APPLICANT WAS THE DECISON OF 24 OCTOBER 1984 , AGAINST WHICH HE DID NOT SUBMIT A COMPLAINT .
7 IN THAT REGARD IT NEED MERELY BE POINTED OUT THAT IT IS CLEAR FROM ITS WORDING THAT MR VAYSSE ' S COMPLAINT OF 25 JUNE 1984 , DIRECTED AGAINST THE