BOARD JUDGED EACH CANDIDATE ON THE BASIS OF OVERALL FACTORS AND AFTER COMPARING THEIR MERITS ADMITTED THOSE WHOM IT JUDGED TO BE THE BEST QUALIFIED .
5 TAKING THE VIEW THAT THE REASONS ON WHICH THAT DECISION WAS BASED HAD NOT BEEN ADEQUATELY STATED AND THAT THE DECISION INFRINGED ARTICLE 25 OF THE STAFF REGULATIONS AND ARTICLES 1 AND 5 OF ANNEX III TO THOSE REGULATIONS AND THAT ALTERNATIVELY THE COMMISSION WAS GUILTY OF A MISUSE OF POWER , THE APPLICANT LODGED THE MAIN APPLICATION AND THIS APPLICATION FOR THE ADOPTION OF INTERIM MEASURES .
6 ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE REQUIRES THE APPLICANT TO STATE THE CIRCUMSTANCES GIVING RISE TO URGENCY AND THE FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
7 THE APPLICANT REFERS IN THIS REGARD TO THE SUBMISSIONS SET OUT IN HIS MAIN APPLICATION AND EMPHASIZES THAT THE REQUIREMENT OF URGENCY LAID DOWN IN THE AFOREMENTIONED PROVISION IS SATISFIED SINCE THE SELECTION BOARD INTENDS TO ORGANIZE THEORETICAL AND PRACTICAL TRAINING COURSES COMMENCING ON 17 MARCH 1986 , BOTH OF WHICH ARE COMPULSORY FOR ALL THE CANDIDATES ADMITTED TO THE COMPETITION . AT THE END OF THE COURSES EACH CANDIDATE WILL HAVE TO ANSWER QUESTIONS ON A REPORT PREVIOUSLY SUBMITTED BY THAT CANDIDATE AND RELATING BOTH TO THE PERIOD OF PRACTICAL TRAINING AND TO THE VARIOUS TRAINING COURSES ATTENDED BY HIM . IF HE IS PREVENTED FROM TAKING PART IN THOSE COURSES , HE WILL , HE ALLEGES , BE PREVENTED FROM TAKING PART IN THE INTERVIEWS PROVIDED FOR IN THE COMPETITION NOTICE . HIS EXCLUSION FROM THE TRAINING COURSES WOULD THEREFORE CAUSE HIM IRREPARABLE HARM .
8 IN ITS WRITTEN OBSERVATIONS THE COMMISSION CONTENDS THAT THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES SHOULD BE DISMISSED .
9 THE COMMISSION POINTS OUT IN THIS REGARD THAT THE APPLICANT WOULD NOT SUFFER ANY IRREPARABLE HARM IF THE JUDGMENT IN THE MAIN PROCEEDINGS WERE GIVEN AFTER THE COURSES OF THEORETICAL AND PRACTICAL TRAINING HAD ENDED . IF THE COURT WERE TO GRANT THE MAIN APPLICATION AND ANNUL THE CONTESTED DECISION , THE COMMISSION WOULD HAVE TO RE-OPEN THE COMPETITION FOR THE APPLICANT AND THE SELECTION BOARD WOULD RESUME ITS WORK IN ORDER TO GIVE EFFECT TO THE JUDGMENT . THE TRAINING COURSES COULD THEREFORE BE ORGANIZED FOR A SINGLE PERSON . THE COMMISSION ALSO POINTS OUT THAT A PROVISIONAL MEASURE WHICH WOULD DEPRIVE THE PRINCIPAL ACTION OF ITS PURPOSE CANNOT BE GRANTED .
10 IN DEALING WITH THE QUESTION RAISED BY THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , IT MUST BE STATED THAT THE COMMISSION ' S WRITTEN OBSERVATIONS SHOW THAT THE APPLICANT WOULD NOT SUFFER ANY IRREPARABLE HARM IF THE JUDGMENT ON THE SUBSTANCE OF THE CASE WERE GIVEN AFTER THE TRAINING COURSES HAD ENDED . THE COMMISSION HAS STATED THAT IT IS PREPARED TO RE-OPEN THE COMPETITION FOR THE APPLICANT IF HIS MAIN ACTION IS SUCCESSFUL . IN THOSE CIRCUMSTANCES ,