SUCH A PROCEDURE IS NEITHER THEIR PURPOSE NOR THEIR EFFECT .
20 FURTHERMORE, IT MUST BE POINTED OUT THAT IN THE PRESENT CASE THE COMMISSION DID NOT INTEND TO HOLD A COMPETITION WITHIN THE MEANING OF THE STAFF REGULATIONS . IN VIEW OF THE DISCRETION WHICH THE COMMISSION HAD IN ORGANIZING THE PARTICULAR PROCEDURE FOR TRANSFERRING SCIENTIFIC AND TECHNCIAL STAFF TO A HIGHER CATEGORY, IT WAS ENTITLED, LIKE ANY AUTHORITY WITH DISCRETIONARY DECISION-MAKING POWERS, TO IMPLEMENT A SUI GENERIS PROCEDURE . EVEN IF THAT PROCEDURE WAS INTENDED TO SELECT THE MOST SUITABLE CANDIDATES FOR PERFORMING CATEGORY A DUTIES, IT WAS DIFFERENT IN SEVERAL RESPECTS FROM A COMPETITION PROCEDURE .
21 THE THIRD SUBMISSION CANNOT THEREFORE BE UPHELD .
THE SUBMISSION ALLEGING A BREACH OF THE PRINCIPLE OF EQUAL TREATMENT
22 THE APPLICANTS MAINTAIN THAT THE CONDITIONS IN WHICH THEIR INTERVIEW WITH THE COMMITTEE TOOK PLACE PREJUDICED THEM IN RELATION TO CANDIDATES WITHOUT DEGREES OR DIPLOMAS, IN BREACH OF THE PRINCIPLE OF EQUAL TREATMENT .
23 IT SHOULD BE NOTED THAT UNDER THE PROCEDURAL ARRANGEMENTS THE COMMITTEE IS AT LIBERTY TO DECIDE THE FORM OF THE INTERVIEW TO BE HELD WITH THE CANDIDATES WITH DEGREES OR DIPLOMAS . IT DID NOT EXCEED THAT DISCRETION IN DECIDING TO CONDUCT THE INTERVIEW ON THE BASIS OF A TALK PRESENTED BY THE CANDIDATES ON A TECHNICAL SUBJECT RELATING TO THEIR AREA OF SPECIAL KNOWLEDGE AND FOLLOWED BY QUESTIONS ASKED BY THE MEMBERS OF THE COMMITTEE . THERE IS NOTHING IN THE CASE-FILE TO INDICATE THAT THE CONDITIONS FOR PREPARING THE TALKS OR THE CHOICE OF SUBJECTS MAY HAVE PUT CANDIDATES WITH DEGREES OR DIPLOMAS AT A DISADVANTAGE IN RELATION TO CANDIDATES WITHOUT DEGREES OR DIPLOMAS, HAVING REGARD TO THE SCIENTIFIC AND TECHNICAL KNOWLEDGE WHICH THE CANDIDATES WERE ASSUMED TO HAVE BY VIRTUE OF THEIR POSSESSION OF A DEGREE OR A DIPLOMA .
24 THE FOURTH SUBMISSION MUST THEREFORE ALSO BE DISMISSED .
25 IT IS CLEAR FROM THE CONSIDERATIONS SET OUT ABOVE THAT THE APPLICANTS' CLAIMS FOR ANNULMENT MUST BE DISMISSED .
26 SO TOO MUST THE CLAIMS FOR AN ORDER REQUIRING THE COMMISSION TO ENTER THE APPLICANTS ON THE LIST OF SUITABLE CANDIDATES OR TO RESUBMIT THEIR CASES TO THE AD HOC COMMITTEE WITHOUT ITS BEING NECESSARY TO RULE ON THE ADMISSIBILITY OF THOSE CLAIMS .
Decision on costs
COSTS
27 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY MUST BE ORDERED TO PAY THE COSTS . HOWEVER, UNDER ARTICLE 70 OF THOSE RULES, THE COSTS INCURRED BY INSTITUTIONS IN CASES BROUGHT BY OFFICIALS OF THE COMMUNITIES ARE TO BE BORNE BY THE INSTITUTIONS .
Operative part
ON THOSE GROUNDS,
THE COURT ( THIRD CHAMBER )
HEREBY :
( 1 ) DISMISSES THE APPLICATIONS;
( 2 ) ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .