ANY DETAILS RELATING TO INDIVIDUAL OR COMPARATIVE ASSESSMENTS OF CANDIDATES .
19 IN THIS CASE, THE INFORMATION PROVIDED, WHICH MERELY DISCLOSED A PROCEDURAL DECISION CONCERNING THE ACTUAL WAY IN WHICH MARKING WAS TO PROCEED DOES NOT FALL WITHIN EITHER OF THOSE CATEGORIES OF MATTERS THAT MAY NOT BE DIVULGED AND THE APPLICANT HAS FAILED TO ESTABLISH THAT IT HAD ANY EFFECT ON THE OBJECTIVE CONDUCT OF THE SELECTION BOARDS' PROCEEDINGS . THE SECOND SUBMISSION IS THEREFORE UNFOUNDED .
20 IN HIS THIRD SUBMISSION, THE APPLICANT ALLEGES A BREACH OF THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION AND OF THE PRINCIPLE OF FAIRNESS .
21 AS REGARDS THE PRINCIPLE OF THE PROTECTION OF LEGITIMATE EXPECTATION, THE APPLICANT SUBMITS THAT, IN VIEW OF THE ASSURANCES GIVEN BY THE COMMISSION, AS SET OUT IN PARTICULAR IN A MEMORANDUM DATED 13 APRIL 1983, HE WAS ENTITLED TO EXPECT THAT THE SELECTION BOARDS WOULD BE COMPOSED OF THREE PERSONS WHO WERE NOT MEMBERS OF THE COMMISSION' S GREEK TRANSLATION DIVISION AND THAT THE TEST PAPERS WOULD BE MARKED TWICE .
22 UPON CONSIDERATION OF THE DOCUMENTS BEFORE THE COURT, IN PARTICULAR THE MEMORANDUM DATED 13 APRIL 1983, IT IS CLEAR THAT THE COMMISSION HAD NOT UNDERTAKEN TO SET UP SELECTION BOARDS THAT DID NOT INCLUDE ANY MEMBER OF THE GREEK TRANSLATION DIVISION . ON THE CONTRARY, THE AFORESAID MEMORANDUM SPECIFIES THAT ONE OF THE THREE MEMBERS ( INCLUDING THE CHAIRMAN ) OF THE SELECTION BOARDS SHOULD LOGICALLY BE DRAWN FROM THE GREEK TRANSLATION DIVISION . MOREOVER, AS THE COURT STATED WITH REGARD TO THE FIRST SUBMISSION, THE SELECTION BOARDS WERE ENTITLED TO HAVE THE TEST PAPERS MARKED A THIRD TIME .
23 WITH REGARD TO THE ALLEGED BREACH OF THE PRINCIPLE OF FAIRNESS, THE APPLICANT CONTENDS THAT ONE OF THE MEMBERS OF THE SELECTION BOARDS AND THE ALTERNATE MEMBER WERE ABLE AS SUPERIORS TO IDENTIFY THE CANDIDATES AND THUS TO PROVIDE INFORMATION REGARDING CERTAIN CANDIDATES WITHOUT AFFORDING THEM AN OPPORTUNITY TO REPLY TO THEIR SUPERIORS' COMMENTS .
24 IN THAT REGARD, IT SHOULD BE NOTED, FIRST OF ALL, THAT THE SELECTION BOARDS HAD TAKEN CARE TO PRESERVE THE ANONYMITY OF THE CANDIDATES' TEST PAPERS BY MEANS OF A NUMBERING SYSTEM, AND SECONDLY THAT THERE IS NO EVIDENCE WHATEVER TO SUPPORT THE APPLICANT' S ALLEGATIONS OF A POSSIBLE SUBJECTIVE ASSESSMENT OF THE CANDIDATES BY THEIR SUPERIORS .
25 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE THIRD SUBMISSION IS ALSO UNFOUNDED .
Decision on costs
COSTS
26 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY' S PLEADING . HOWEVER, UNDER ARTICLE 70 OF THE RULES OF PROCEDURE, IN PROCEEDINGS BROUGHT BY SERVANTS OF THE COMMUNITIES, INSTITUTIONS ARE TO BEAR THEIR OWN COSTS .
Operative part
On those grounds,
THE COURT ( First Chamber )
hereby :
( 1 ) Dismisses the application;
( 2 ) Orders the parties to bear their