IMPOSSIBLE FOR A CANDIDATE OF THAT RELIGIOUS PERSUASION TO TAKE PART IN THE TEST .
12 THE STAFF REGULATIONS ENVISAGE THAT WHEN A VACANT POST IS BEING FILLED , AND IT IS DECIDED NOT TO FILL IT BY PROMOTION OR TRANSFER , THE SELECTION OF THE CANDIDATE TO BE APPOINTED SHALL , IN GENERAL , BE MADE BY FOLLOWING THE PROCEDURE OF COMPETITION WHICH MAY BE ON THE BASIS OF QUALIFICATIONS OR OF TESTS OR OF BOTH QUALIFICATIONS AND TESTS .
13 WHEN THE COMPETITION IS ON THE BASIS OF TESTS , THE PRINCIPLE OF EQUALITY NECESSITATES THAT THE TESTS SHALL BE ON THE SAME CONDITIONS FOR ALL CANDIDATES , AND IN THE CASE OF WRITTEN TESTS THE PRACTICAL DIFFICULTIES OF COMPARISON REQUIRE THAT THE WRITTEN TESTS FOR ALL CANDIDATES SHOULD BE THE SAME .
14 IT IS THEREFORE OF GREAT IMPORTANCE THAT THE DATE OF THE WRITTEN TESTS SHOULD BE THE SAME FOR ALL CANDIDATES .
15 THE INTEREST OF PARTICIPANTS NOT TO HAVE A DATE FIXED FOR THE TEST WHICH IS UNSUITABLE MUST BE BALANCED AGAINST THIS NECESSITY .
16 IF A CANDIDATE INFORMS THE APPOINTING AUTHORITY THAT RELIGIOUS REASONS MAKE CERTAIN DATES IMPOSSIBLE FOR HIM THE APPOINTING AUTHORITY SHOULD TAKE THIS INTO ACCOUNT IN FIXING THE DATE FOR WRITTEN TESTS , AND ENDEAVOUR TO AVOID SUCH DATES .
17 ON THE OTHER HAND IF THE CANDIDATE DOES NOT INFORM THE APPOINTING AUTHORITY IN GOOD TIME OF HIS DIFFICULTIES , THE APPOINTING AUTHORITY WOULD BE JUSTIFIED IN REFUSING TO AFFORD AN ALTERNATIVE DATE , PARTICULARLY IF THERE ARE OTHER CANDIDATES WHO HAVE BEEN CONVOKED FOR THE TEST .
18 IF IT IS DESIRABLE THAT AN APPOINTING AUTHORITY INFORMS ITSELF IN A GENERAL WAY OF DATES WHICH MIGHT BE UNSUITABLE FOR RELIGIOUS REASONS , AND SEEKS TO AVOID FIXING SUCH DATES FOR TESTS , NEVERTHELESS , FOR THE REASONS INDICATED ABOVE , NEITHER THE STAFF REGULATIONS NOR THE FUNDAMENTAL RIGHTS ALREADY REFERRED TO CAN BE CONSIDERED AS IMPOSING ON THE APPOINTING AUTHORITY A DUTY TO AVOID A CONFLICT WITH A RELIGIOUS REQUIREMENT OF WHICH THE AUTHORITY HAS NOT BEEN INFORMED .
19 IN SO FAR AS THE DEFENDANT , IF INFORMED OF THE DIFFICULTY IN GOOD TIME , WOULD HAVE BEEN OBLIGED TO TAKE REASONABLE STEPS TO AVOID FIXING FOR A TEST A DATE WHICH WOULD MAKE IT IMPOSSIBLE FOR A PERSON OF A PARTICULAR RELIGIOUS PERSUASION TO UNDERGO THE TEST , IT CAN BE SAID THAT THE DEFENDANT IN THE PRESENT CASE WAS NOT INFORMED OF THE UNSUITABILITY OF CERTAIN DAYS UNTIL THE DATE FOR THE TEST HAD BEEN FIXED , AND THE DEFENDANT WAS IN ITS DISCRETION ENTITLED TO REFUSE TO FIX A DIFFERENT DATE WHEN THE OTHER CANDIDATES HAD ALREADY BEEN CONVOKED .
20 FOR THESE REASONS THE PLAINTIFF ' S CLAIM SHOULD BE REJECTED .
Decision on costs
COSTS
21 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
22 THE PLAINTIFF