DECISION OF 16 MAY 1984 , CONCERNS THE FACT THAT THE COMMISSION APPOINTED MR DUBOIS TO THE VACANT POST AND THUS IMPLICITLY REJECTED HIS OWN APPLICATION FOR THAT POST . SINCE THE COMMISSION DID NOT ALTER THE CONTESTED DECISION BUT IN FACT CONFIRMED IT , THE APPLICANT ' S GROUNDS FOR COMPLAINT REMAIN , AND HE COULD THEREFORE LEGITIMATELY CONSIDER THAT THE DECISION OF 16 MAY 1984 , CONFIRMED BY THE DECISION OF 24 OCTOBER 1984 , ADVERSELY AFFECTED HIM FOR THE PURPOSES OF ARTICLES 90 AND 91 OF THE STAFF REGULATIONS . HE WAS THEREFORE ENTITLED TO BRING THESE PROCEEDINGS WITHOUT BEING OBLIGED FIRST TO SUBMIT A COMPLAINT AGAINST THE CONFIRMATORY DECISION .
8 IT FOLLOWS THAT THE APPLICATION IS ADMISSIBLE .
SUBSTANCE
9 IN SUPPORT OF HIS CONCLUSIONS THE APPLICANT SUBMITS THAT THE COMMISSION CONTRAVENED ARTICLE 45 OF THE STAFF REGULATIONS ON THE PROMOTION OF OFFICIALS , ACTED ULTRA VIRES AND COMMITTED A MISUSE OF ITS POWERS . IN SUBSTANCE THESE SUBMISSIONS CORRESPOND TO TWO TYPES OF CLAIM , THAT IS TO SAY IRREGULARITIES IN THE PROCEDURE LEADING TO THE CONTESTED MEASURES AND AN ERROR OF ASSESSMENT IN THAT THE COMMISSION DID NOT SELECT THE OFFICIAL MOST SUITABLE FOR THE POST TO BE FILLED .
PROCEDURAL IRREGULARITIES
10 ATTENTION MUST FIRST BE GIVEN TO THE APPLICANT ' S ARGUMENT TO THE EFFECT THAT THE MATTER WAS NOT PROPERLY REFERRED TO THE ADVISORY COMMITTEE RESPONSIBLE FOR EXAMINING APPLICATIONS FOR POSTS IN GRADES A 2 AND A 3 ( THE ' GROUP NOEL ' ) BEFORE THE CONTESTED DECISIONS WERE ADOPTED .
11 IN THAT REGARD THE APPLICANT ARGUES THAT THAT COMMITTEE WAS NOT PROPERLY CONSTITUTED WHEN IT MET ON 10 MAY 1984 IN THE COURSE OF THE PROCEDURE WHICH CULMINATED IN THE DECISION OF 16 MAY . ACCORDING TO THE APPLICANT , THE COMMITTEE IS COMPOSED OF THREE PERSONS : THE SECRETARY GENERAL OF THE COMMISSION , THE DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION AND THE DIRECTOR GENERAL FOR THE DIRECTORATE GENERAL IN WHICH A POST IS VACANT . SINCE IN THIS CASE THE VACANT POST WAS IN THE DIRECTORATE GENERAL FOR PERSONNEL AND ADMINISTRATION , THE DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION SAT IN A DUAL CAPACITY , THAT IS TO SAY , AS HEAD OF ADMINISTRATION AND AS HEAD OF THE DIRECTORATE GENERAL IN WHICH A POST WAS TO BE FILLED . THE APPLICANT ALSO COMPLAINS THAT THE COMMISSION DID NOT PROVIDE FOR THE PARTICIPATION OF A STAFF REPRESENTATIVE IN THE WORK OF THE COMMITTEE . FINALLY , HE STATES THAT THE COMMITTEE WAS NOT CONSULTED A SECOND TIME DURING THE PREPARATION OF THE DECISION OF 24 OCTOBER 1984 .
12 IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT , AND IN PARTICULAR FROM THE INFORMATION PROVIDED BY THE COMMISSION AT THE COURT ' S REQUEST , THAT THE ' GROUPE NOEL ' , ESTABLISHED UNDER A DECISION MADE IN 1980 , IN FACT HAS FOUR MEMBERS , WHO ARE APPOINTED IN THEIR PERSONAL CAPACITY : THE