AND , SECONDLY , THAT IN THE CASE OF THE OTHER CANDIDATES TO WHICH THE APPLICANTS REFERRED , OTHER CONSIDERATIONS WERE PRESENT IN ADDITION TO THE CERTIFICATE OF THE COLLEGE OF EUROPE TO PROVIDE EVIDENCE OF THE PRACTICAL EXPERIENCE REQUIRED .
33IN THESE CIRCUMSTANCES , THE SUBMISSION RELATING TO DISCRIMINATION CANNOT BE UPHELD .
34CONSIDERATION OF THE FIRST AND SECOND SUBMISSIONS SHOWS THAT THE REFUSAL OF THE SELECTION BOARD TO ADMIT THE APPLICANTS TO THE COMPETITION IS VITIATED BY DEFECTS AND MUST THEREFORE BE ANNULLED .
35AS THIS WAS AN OPEN COMPETITION TO CONSTITUTE A RESERVE FOR FUTURE RECRUITMENT , THE RIGHTS OF THE APPLICANTS WILL BE SUFFICIENTLY PROTECTED IF THE SELECTION BOARD RECONSIDERS ITS DECISION , WITHOUT ITS BEING NECESSARY TO QUESTION THE WHOLE OF THE RESULTS OF THE COMPETITION OR TO ANNUL APPOINTMENTS MADE IN CONSEQUENCE THEREOF .
Decision on costs
COSTS
36UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
37THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS AND MUST THEREFORE PAY THE COSTS .
Operative part
ON THOSE GROUNDS
THE COURT ( SECOND CHAMBER )
HEREBY :
1 . ANNULS THE DECISIONS NOTIFIED TO THE PERSONS CONCERNED BY LETTER OF 5 DECEMBER 1977 , BY WHICH THE SELECTION BOARD IN COMPETITION COM/A/154 REFUSED TO ADMIT ENRICO M . SALERNO , XAVIER AUTHIE AND GUISEPPE MASSANGIOLI TO THE TESTS FOR THE COMPETITION ;
2 . ORDERS THE COMMISSION TO BEAR THE WHOLE OF THE COSTS .