RESEARCH CENTRE, THE OFFICIAL DEPUTED TO INTERVIEW THE CANDIDATES PRIOR TO THEIR POSSIBLE ENGAGEMENT SENT THE COMMISSION A REPORT ON THE APPLICANT WORDED AS FOLLOWS :
' A GOOD CANDIDATE . HOWEVER HIS VOCATIONAL EXPERIENCE EQUIPS HIM RATHER FOR A POST IN WHICH HIS LEGAL KNOWLEDGE AND EXPERIENCE CAN BE BETTER UTILIZED . THE MANAGEMENT OF THE STAFF OF A SMALL RESEARCH CENTRE WOULD DIVERT HIM FROM A CAREER CORRESPONDING BETTER TO HIS QUALIFICATIONS '.
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AFTER RECEIVING THIS REPORT, THE COMMISSION PROCEEDED TO SELECT MR PETRUCCO .
IT APPEARS FROM A COMPARISON OF THE RESULTS OBTAINED BY MR SERIO AND MR PETRUCCO IN THE ORAL TESTS THAT THE APPLICANT WAS PLACED FIRST WITH 73.4 POINTS, WHILST THE CANDIDATE SELECTED WAS ONLY PLACED TWELFTH WITH 66 POINTS . FURTHER, A COMPARISON OF THE RESPECTIVE FILES OF THE TWO CANDIDATES SHOWS THAT THE APPLICANT'S QUALIFICATIONS WERE FAR SUPERIOR TO THOSE OF THE CANDIDATE CHOSEN .
UNDER THE TERMS OF ARTICLE 29 OF THE STAFF REGULATIONS ' BEFORE FILLING A VACANT POST ' OR ' CONSTITUTING A RESERVE FOR FUTURE RECRUITMENT ' THE APPOINTING AUTHORITY SHALL FOLLOW ' THE PROCEDURE FOR COMPETITIONS '. UNDER THE TERMS OF ARTICLE 30, THE SAID AUTHORITY SHALL THEN ' DECIDE ' WHICH OF THOSE ON THE LIST OF SUITABLE CANDIDATES TO APPOINT TO THE VACANT POSTS .
IT IS THEREFORE OBLIGED TO RECONCILE THE CONCEPTS OF COMPETITION AND SELECTION RESULTING FROM THESE PROVISIONS READ TOGETHER .
ALTHOUGH IT IS ENTITLED IN MAKING ITS SELECTIONS TO IGNORE THE PRECISE ORDER OF MERIT IN THE COMPETITION FOR REASONS WHICH IT IS INCUMBENT UPON THE ADMINISTRATION TO EVALUATE AND JUSTIFY BEFORE THE COURT, NEVERTHELESS IT MAY NOT DESTROY THE VERY CONCEPT OF COMPETITION BY DEPARTING SUBSTANTIALLY FROM THE RESULT OF THE COMPETITION WITHOUT SERIOUS REASONS .
HOWEVER NO SUCH REASONS APPLY IN THE PRESENT CASE, SINCE THE EXCELLENCE OF A CANDIDATE PLACED FIRST CANNOT BE CONSIDERED AS JUSTIFICATION FOR HIS REJECTION . THE DEFENDANT'S ALLEGATION THAT THE COMMISSION'S CHOICE WAS INSPIRED BY THE GREATER EXPERIENCE OF THE CANDIDATE APPOINTED SEEMS IRRELEVANT . IN FACT, UNDER THE TERMS OF ARTICLE 1(1)(D ) OF ANNEX III TO THE STAFF REGULATIONS THE NOTICE OF COMPETITION MUST SPECIFY ' THE DEGREE OF EXPERIENCE REQUIRED FOR THE POSTS TO BE FILLED '.
ARTICLE 5 OF ANNEX III OBLIGES THE SELECTION BOARD TO DRAW UP A LIST OF CANDIDATES ' WHO MEET THE REQUIREMENTS SET OUT IN THE NOTICE OF COMPETITION '.
THUS, IN ALLOWING MR SERIO TO TAKE PART IN THE COMPETITION, THE SELECTION BOARD HAD ALREADY CONSIDERED THE DEGREE OF HIS EXPERIENCE, SO DEPRIVING THE COMMISSION OF THE OPPORTUNITY TO JUSTIFY A SUBSEQUENT REFUSAL TO APPOINT THE CANDIDATE BY REASON ONLY OF HIS INSUFFICIENT EXPERIENCE .
MOREOVER THE POST TO BE FILLED WAS A POST OF ADMINISTRATOR IN CAREER BRACKET A7-A6 IN WHICH THE OFFICIAL, WHO IS USUALLY INEXPERIENCED, BEGINS TO CARRY OUT HIS DUTIES UNDER THE SUPERVISION OF EXPERIENCED SUPERIORS . IT APPEARS FROM THE FILE THAT THE APPLICANT HAD FOR THREE