: ' ' DESCRIBE IN THE FORM OF AN ARTICLE FOR A MAGAZINE HAVING A WIDE CIRCULATION THE ADVANTAGES OR DISADVANTAGES OF YOUR COUNTRY ' S BELONGING TO THE COMMUNITY ' ' . THE APPLICANT DID NOT OBTAIN THE NECESSARY MARKS IN THAT TEST AND WAS CONSEQUENTLY ELIMINATED FROM FURTHER TESTS FOR THE COMPETITION .
4 ON 1 JULY 1980 THE APPLICANT MADE A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS AGAINST HER REJECTION AS A CANDIDATE . THAT COMPLAINT REMAINED UNANSWERED AND THE APPLICANT THEN BROUGHT THE PRESENT ACTION .
5 THE APPLICANT ' S FIRST SUBMISSION ALLEGES A BREACH OF THE PRINCIPLE OF LEGITIMATE EXPECTATION . THE APPLICANT THEREBY CLAIMS IN SUBSTANCE THAT THE SUBJECT CHOSEN FOR THE FIRST TEST WAS INAPPROPRIATE BECAUSE IT BORE NO RELATION TO THE NATURE OF THE DUTIES ATTACHED TO THE POST IN QUESTION AND WENT BEYOND ITS LEVEL . THOSE DUTIES , WHICH PRINCIPALLY INVOLVE CONTACTS WITH THE PRESS AND SPECIALIST CIRCLES UNDER THE AUTHORITY OF A HEAD OF DIVISION , DO NOT REQUIRE THE ABILITY TO ANSWER A QUESTION OF THAT KIND AT ANY TIME WITHOUT THE AID OF DOCUMENTATION .
6 IT MUST BE OBSERVED THAT ACCORDING TO THE SECOND PARAGRAPH OF ARTICLE 5 ( 1 ) OF THE STAFF REGULATIONS POSTS IN CATEGORY A , WITH WHICH THE PRESENT CASE IS CONCERNED , INVOLVE ADMINISTRATIVE AND ADVISORY DUTIES WHICH REQUIRE UNIVERSITY EDUCATION OR EQUIVALENT EXPERIENCE . AMONG THE REQUISITE QUALIFICATIONS AND EXPERIENCE NOTICE OF COMPETITION NO A/66 DEMANDED ' ' A THOROUGH KNOWLEDGE OF THE OPERATION OF THE INFORMATION MEDIA AND OF THE PARLIAMENTARY SYSTEMS IN ITALY ' ' AND A ' ' THOROUGH KNOWLEDGE OF THE STRUCTURE AND ACTIVITIES OF THE EUROPEAN COMMUNITY ' ' .
7 AN ESSAY ON THE ADVANTAGES AND DISADVANTAGES FOR ITALY OF BELONGING TO THE COMMUNITY REQUIRED KNOWLEDGE BOTH OF COMMUNITY PROBLEMS AND POLITICAL PROBLEMS OF ITALY . THE FACT THAT THE ESSAY TOOK THE FORM OF AN ARTICLE FOR A MAGAZINE WITH A WIDE CIRCULATION , APART FROM REQUIRING A CERTAIN LEVEL OF KNOWLEDGE IN THE FIELD OF INFORMATION , SHOWED THAT IN ORDER TO DEAL WITH THE SUBJECT IT WAS NOT NECESSARY TO HAVE AVAILABLE DETAILED DOCUMENTATION OR STATISTICS . THEREFORE AN ESSAY ON THE SUBJECT CHOSEN BY THE SELECTION BOARD FOR THE COMPETITION CONSTITUTED , BOTH IN CONTENT AND IN FORM , THE APPROPRIATE MEANS OF TESTING WHETHER THE CANDIDATES IN THE COMPETITION POSSESSED THE NECESSARY KNOWLEDGE IN THE REQUISITE FIELDS .
8 THE DIFFICULTY OF THE SUBJECT WAS NOT SO GREAT AS TO EXCEED THE BOUNDS INDICATED BY THE REQUIREMENT OF A THOROUGH KNOWLEDGE ATTAINING UNIVERSITY LEVEL IN THE FIELDS IN QUESTION . MOREOVER , THE COURT CANNOT SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE SELECTION BOARD AS REGARDS THE DEGREE OF DIFFICULTY TO BE TAKEN INTO ACCOUNT IN MARKING THE TESTS .
9 THUS , IN ITS CHOICE OF SUBJECT FOR THE FIRST TEST OF THE COMPETITION , THE SELECTION BOARD MAY NOT BE ACCUSED OF