BASIS OF THEIR PERSONAL FILES ( IN PARTICULAR, GENERAL AND SPECIALIZED TRAINING AND PREVIOUS PRACTICAL EXPERIENCE ) AND THEIR APPLICATION FORMS, AND ALSO THE RESULT OF A WRITTEN TEST . IT WAS EXPLAINED THAT THE ASSESSMENT WOULD BE AN OVERALL ONE; NONE OF THE ABOVE ELEMENTS WOULD BE ELIMINATORY IN ITSELF, AND THE NUMBER OF CANDIDATES SELECTED WOULD NOT EXCEED BY MORE THAN 50% THE NUMBER OF POSTS TO BE FILLED, WHICH WAS ESTIMATED AT 40 .
5 BY LETTERS OF 12 DECEMBER 1985, 165 CANDIDATES, INCLUDING THE APPLICANT, WERE INFORMED THAT THEY HAD NOT BEEN ADMITTED TO THE TRAINING STAGE, AND WERE SUBSEQUENTLY INFORMED BY LETTERS DATED 14 FEBRUARY 1986 OF THE GENERAL CRITERIA APPLIED BY THE SELECTION BOARD AT THE PRE-SELECTION STAGE .
6 THE SUBMISSIONS WHICH THE APPLICANT PUTS FORWARD IN SUPPORT OF HIS APPLICATION, LODGED AS A RESULT OF THE IMPLIED REJECTION OF A COMPLAINT, ARE THAT THE SELECTION BOARD DISREGARDED THE PROVISIONS OF THE NOTICE OF COMPETITION AND THEREBY EXCEEDED ITS POWERS, THAT IT ASSESSED INCORRECTLY THE APPLICANT' S PERSONAL FILE, IN PARTICULAR INASMUCH AS IT FAILED TO OBSERVE THE PRINCIPLE OF EQUALITY BETWEEN CANDIDATES AND BASED ITS DECISION ON SUBJECTIVE CRITERIA ALIEN TO THE COMPETITION AND, LASTLY, THAT THE CONTESTED DECISION INFRINGED ARTICLE 24 OF THE STAFF REGULATIONS .
7 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT 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 SUBMISSION ALLEGING DISREGARD OF THE PROVISIONS OF THE NOTICE OF COMPETITION
8 THE APPLICANT' S FIRST ARGUMENT IS THAT BY ATTACHING PREPONDERANT WEIGHT TO THE WRITTEN TEST THE SELECTION BOARD MADE IT INTO AN ELIMINATORY TEST, WHICH WAS EXPRESSLY RULED OUT BY THE NOTICE OF COMPETITION .
9 THE COMMISSION OBSERVES THAT THE SELECTION BOARD DECIDED TO ATTACH PREPONDERENT WEIGHT TO THE RESULT OF THE WRITTEN TEST AS COMPARED WITH THE RESULT OF THE EXAMINATION OF THE CANDIDATE' S PERSONAL FILE, BUT DID NOT THEREBY MAKE IT INTO AN ELIMINATORY TEST . THE SELECTION BOARD LAID DOWN FIVE CATEGORIES FOR THE RESULTS OF THE ASSESSMENTS OF THE PERSONAL FILES, NAMELY : EXCELLENT, VERY GOOD, GOOD, FAIR AND POOR . HAVING SEEN THE PAPERS SUBMITTED IN THE WRITTEN TESTS, CORRECTED AND MARKED SEPARATELY BY TWO EXAMINERS FROM 0 TO 60, THE SELECTION BOARD LAID DOWN THREE CATEGORIES, NAMELY : GOOD ( 36 TO 48 MARKS ), AVERAGE ( 21 TO 35 MARKS ) AND POOR ( 2 TO 20 MARKS ). IT DECIDED TO PASS THE 60 CANDIDATES WHOSE WRITTEN PAPERS OR PERSONAL FILES PLACED THEM IN THE HIGHEST CATEGORY, TOGETHER WITH THE 14 CANDIDATES HAVING A "VERY GOOD" PERSONAL FILE AND OBTAINING 30 TO 35 MARKS IN THE WRITTEN TEST, THE 11 CANDIDATES HAVING A "GOOD" PERSONAL FILE AND OBTAINING 33 TO 35 MARKS IN THE WRITTEN PAPER AND, LASTLY, THE TWO CANDIDATES HAVING A "FAIR" PERSONAL FILE WHO OBTAINED 34 AND