HOLD , TESTS WHICH THEY HAVE UNDERGONE OR PERIODIC REPORTS OF WHICH THEY ARE AWARE AND ON WHICH THEY HAVE HAD AN OPPORTUNITY TO COMMENT . THAT CONSTITUTES A GUARANTEE THAT THE COMPETITION WILL BE PROPERLY CONDUCTED AND A PROTECTION AGAINST ARBITRARINESS , INASMUCH AS THE CANDIDATES ARE AWARE OF ALL THE FACTORS WHICH ENTERED INTO THE SELECTION BOARD ' S ASSESSMENT AND ARE THEREFORE WELL PLACED TO CONTEST THAT ASSESSMENT IF THEY CONSIDER THAT IT IS WRONG .
IF , ON THE OTHER HAND , THE SELECTION BOARD BASES ITS DECISION AT LEAST IN PART , AS IT DID IN THIS CASE , ON FACTORS SUCH AS INFORMATION SUPPLIED BY , AND THE OPINIONS OF , THE CANDIDATES ' SUPERIORS , OF WHICH THE CANDIDATES CONCERNED HAVE NO KNOWLEDGE , THEY HAVE NO OPPORTUNITY TO DEFEND THEMSELVES AGAINST STATEMENTS MADE BY THIRD PARTIES WHICH , THOUGH THEY MAY WELL BE PERFECTLY CORRECT , MAY ALSO BE INCORRECT FOR ONE REASON OR ANOTHER . THE FACT THAT CANDIDATES DID NOT HAVE AN OPPORTUNITY TO STATE THEIR VIEWS ON THE OPINIONS EXPRESSED ON THEM BY THEIR SUPERIORS , ACCOUNT OF WHICH WAS TAKEN BY THE SELECTION BOARD , CONSTITUTES A BREACH OF A PRINCIPLE GOVERNING THE COMPETITION PROCEDURE WHICH JUSTIFIES ANNULMENT OF DECISIONS REFUSING TO ADMIT THOSE CANDIDATES .
Parties
IN CASE 294/84
HERMANUS ADAMS AND 52 OTHER OFFICIALS AND SERVANTS OF THE COMMISSION OF THE EUROPEAN COMMUNITITES , REPRESENTED BY MARCEL SLUSNY , OF THE BRUSSELS BAR , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF ERNEST ARENDT , CENTRE LOUVIGNY , 34 B IV RUE PHILIPPE-II ,
APPLICANTS ,
V
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , DIMITRIOS GOULOUSSIS , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF GEORGIOS KREMLIS , A MEMBER OF ITS LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,
DEFENDANT ,
Subject of the case
APPLICATION FOR THE ANNULMENT OF ( I ) COMPETITION NO COM/B/2/82 , AN INTERNAL COMPETITION FOR THE CONSTITUTION OF A RESERVE LIST , TOGETHER WITH ALL THE OPERATIONS CARRIED OUT OR TO BE CARRIED OUT IN CONNECTION WITH THAT COMPETITION , AND ( II ) THE DECISIONS TAKEN WITH REGARD TO EACH OF THE APPLICANTS NOT TO ADMIT THEM TO THE TESTS ,
Grounds
1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 10 DECEMBER 1984 , HERMANUS ADAMS AND 52 OTHER OFFICIALS IN CATEGORY C IN THE SERVICE OF THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION FOR THE ANNULMENT OF THE DECISION OF THE SELECTION BOARD FOR COMPETITION NO COM/B/2/82 , AN INTERNAL COMPETITION FOR THE CONSTITUTION OF A RESERVE LIST OF ADMINISTRATIVE ASSISTANTS , SECRETARIAL ASSISTANTS AND TECHNICAL ASSISTANTS , NOT TO ADMIT THEM TO THE TESTS FOR THAT COMPETITION .
2 THE ACTION SEEKS ALSO THE ANNULMENT OF COMPETITION NO COM/B/2/82 TOGETHER WITH ALL THE OPERATIONS CARRIED OUT IN CONNECTION THEREWITH ON THE GROUNDS THAT CERTAIN PROVISIONS OF