THE CANDIDATES A HEARING , AND FOR THAT REASON THEY MAY BE CONSIDERED TOGETHER .
20 ACCORDING TO THE APPLICANTS , ONCE THEIR SUPERIORS , IN THE PERSON OF THE ASSISTANTS TO THE DIRECTOR-GENERAL OF EACH OF THE DIRECTORATES-GENERAL TO WHICH THE CANDIDATES WERE ASSIGNED , WERE CALLED UPON TO SUBMIT AN OPINION LIKELY TO HAVE SERIOUS CONSEQUENCES FOR THE APPLICANTS ' CANDIDATURES , THEIR RIGHT OF REPLY , A SUPERIOR PRINCIPLE OF LAW , REQUIRED THAT THEY BE PERMITTED TO EXPRESS THEIR VIEWS .
21 THE COMMISSION REPLIES THAT THE ASSISTANTS TO THE DIRECTORS-GENERAL WERE NEITHER THE COMPETITORS NOR THE ADVERSARIES OF THE CANDIDATES AND THAT THEY ARE NOT THEREFORE ENTITLED TO RELY ON A RIGHT OF REPLY . FURTHERMORE , THE INTERVIEW WITH THE ASSISTANTS WAS MERELY ONE OF THE FACTORS TAKEN INTO ACCOUNT IN ANALYSING EACH CANDIDATE ' S APPLICATION AND THE ASSISTANTS ' OPINION WAS NOT DECISIVE .
22 FOR THE PURPOSES OF CONSIDERING THIS SUBMISSION , IT MUST BE OBSERVED THAT IN THE CONTEXT OF A COMPETITION THE SELECTION BOARD IS CALLED UPON TO ASSESS FACTORS KNOWN TO THE CANDIDATES , WHETHER IT BE QUALIFICATIONS WHICH THEY HOLD , TESTS WHICH THEY HAVE UNDERGONE OR PERIODIC REPORTS OF WHICH THEY ARE AWARE AND ON WHICH THEY HAVE HAD AN OPPORTUNITY TO COMMENT . THAT CONSTITUTES A GUARANTEE THAT THE COMPETITION WILL BE PROPERLY CONDUCTED AND A PROTECTION AGAINST ARBITRARINESS , INASMUCH AS THE CANDIDATES ARE AWARE OF ALL THE FACTORS WHICH ENTERED INTO THE SELECTION BOARD ' S ASSESSMENT AND ARE THEREFORE WELL PLACED TO CONTEST THAT ASSESSMENT IF THEY CONSIDER THAT IT IS WRONG .
23 IF , ON THE OTHER HAND , THE SELECTION BOARD BASES ITS DECISION AT LEAST IN PART , AS IT DID IN THIS CASE , ON FACTORS SUCH AS INFORMATION SUPPLIED BY , AND THE OPINIONS OF , THE CANDIDATES ' SUPERIORS , OF WHICH THE CANDIDATES CONCERNED HAVE NO KNOWLEDGE , THEY HAVE NO OPPORTUNITY TO DEFEND THEMSELVES AGAINST STATEMENTS MADE BY THIRD PARTIES WHICH , THOUGH THEY MAY WELL BE PERFECTLY CORRECT , MAY ALSO BE INCORRECT FOR ONE REASON OR ANOTHER .
24 THE FACT THAT THE CANDIDATES DID NOT HAVE AN OPPORTUNITY TO STATE THEIR VIEWS ON THE OPINIONS EXPRESSED ON THEM BY THEIR SUPERIORS THUS CONSTITUTES A BREACH OF THE PRINCIPLE WHICH THE SELECTION BOARD OUGHT TO HAVE RESPECTED AND VITIATES THE PROCEDURE WHICH LED TO THE DECISION NOT TO ADMIT THE APPLICANTS TO THE TESTS FOR THE COMPETITION IN QUESTION .
25 THE DECISION OF THE SELECTION BOARD FOR COMPETITION NO COM/B/2/82 NOT TO ADMIT THE APPLICANTS TO THE TESTS FOR THAT COMPETITION MUST THEREFORE BE ANNULLED .
Decision on costs
COSTS
26 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING . SINCE THE COMMISSION HAS BEEN UNSUCCESSFUL IN ITS SUBMISSIONS , IT MUST BE