THEREFORE UNFOUNDED .
THE SUBMISSIONS AS TO SUBSTANCE
16 THE APPLICANT MAINTAINS IN THE FIRST PLACE THAT THE VACANCY NOTICE ON THE BASIS OF WHICH THE DISPUTED DECISION WAS ADOPTED IS VOID ON THE GROUND THAT IT DID NOT PROVIDE FOR THE ORGANIZATION OF AN INTERNAL COMPETITION DESPITE THE FACT THAT BECAUSE OF THE NOVELTY OF THE POST A COMPETITION WOULD HAVE BEEN THE SOLE MEANS OF EVALUATING THE CANDIDATES ' QUALIFICATIONS .
17 IT SHOULD BE RECALLED IN THAT RESPECT THAT ARTICLE 29 ( 1 ) OF THE STAFF REGULATIONS PROVIDES FOR VARIOUS POSSIBLE PROCEDURES FOR THE FILLING OF VACANT POSTS , THE FIRST OF WHICH IS A CONSIDERATION OF THE POSSIBILITIES OF PROMOTION OR TRANSFER WITHIN THE INSTITUTION . IT IS FOR THE APPOINTING AUTHORITY TO ASSESS WHETHER IT IS POSSIBLE TO FILL THE VACANT POST BY MEANS OF THAT FIRST PROCEDURE OR WHETHER IT IS APPROPRIATE TO PROCEED TO THE SECOND PROCEDURE ENVISAGED , NAMELY THE ORGANIZATION OF A COMPETITION INTERNAL TO THE INSTITUTION . SINCE PROMOTIONS OR TRANSFERS WITHIN THE INSTITUTION ARE PERMITTED BY THE STAFF REGULATIONS , IT FOLLOWS THAT THE APPOINTING AUTHORITY HAS A WIDE DISCRETION IN THAT RESPECT .
18 IN THIS CASE THERE IS NO REASON FOR TAKING THE VIEW THAT THE APPOINTING AUTHORITY MISUSED THAT POWER BY REACHING THE CONCLUSION THAT IT WAS POSSIBLE TO FILL THE VACANT POST BY AN EXAMINATION OF THE OPPORTUNITIES FOR PROMOTION OR TRANSFER .
19 THE APPLICANT ALSO MAINTAINS THAT IT HAS NOT BEEN ESTABLISHED THAT THE APPOINTING AUTHORITY GENUINELY CONSIDERED THE MERITS AND THE PERIODIC REPORTS OF THE VARIOUS CANDIDATES . HE FURTHER CLAIMS THAT THE POST IN QUESTION , LIKE THE POSTS OF ADVISER IN THE OTHER DIVISIONS , WAS RESERVED FOR THE OLDEST OFFICIAL AND FINALLY THAT HIS OWN ABILITIES AND DEGREES WERE MORE IMPRESSIVE THAN THOSE OF THE OFFICIAL PROMOTED .
20 AS THE CASE CONCERNS A DECISION TO PROMOTE AN OFFICIAL , IT SHOULD FIRST BE EMPHASIZED THAT IN ORDER TO EVALUATE THE INTERESTS OF THE SERVICE TOGETHER WITH THE MERITS WHICH MUST BE TAKEN INTO ACCOUNT IN THE CONTEXT OF THE DECISION PROVIDED FOR BY ARTICLE 45 OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY HAS A WIDE MARGIN OF DISCRETION AND THAT , IN THAT SPHERE , THE COURT MUST RESTRICT ITSELF TO THE QUESTION WHETHER , REGARD BEING HAD TO THE METHODS AND MEANS WHICH MAY HAVE LED TO THE ASSESSMENT MADE BY THE ADMINISTRATION , THE LATTER REMAINED WITHIN BOUNDS WHICH ARE NOT OPEN TO CRITICISM AND DID NOT USE ITS POWER IN A MANIFESTLY INCORRECT MANNER .
21 IN THIS CASE THERE IS NO SINGLE FACTOR IN THE PAPERS ON THE CASE WHICH MAKES IT POSSIBLE TO STATE THAT THE PRESIDENT OF THE PARLIAMENT DID NOT ACTUALLY ASSESS THE QUALIFICATIONS AND MERITS OF THE VARIOUS CANDIDATES . IN PARTICULAR , THE APPLICANT HAS NOT ESTABLISHED THAT THE PRESIDENT OF THE PARLIAMENT HAD DECIDED FROM THE OUTSET TO SELECT THE OLDEST CANDIDATE IRRESPECTIVE OF THE MERITS