IS REQUIRED TO VERIFY THE LEGALITY OF DECISIONS TAKEN BY THE SELECTION BOARD AS REGARDS IN PARTICULAR ALLOWING CANDIDATES TO TAKE PART IN COMPETITIONS . WHERE , AS IN THE PRESENT CASE , THE SELECTION BOARD HAS WRONGLY ALLOWED A CANDIDATE TO TAKE PART IN A COMPETITION AND PUT HIS NAME ON THE LIST OF SUITABLE CANDIDATES , THE APPOINTING AUTHORITY MUST EXPRESS ITS REFUSAL TO APPOINT THE CANDIDATE BY WAY OF A REASONED DECISION FROM WHICH THE COURT CAN , IF NECESSARY , JUDGE WHETHER THE REFUSAL IS WELL FOUNDED .
21 IN THE PRESENT CASE THE COURT OF AUDITORS WAS AT FAULT IN NOT NOTING THE SELECTION BOARD ' S ERROR AND IN APPOINTING A CANDIDATE WHO DID NOT SATISFY THE CONDITIONS OF ADMISSION LAID DOWN IN THE NOTICE OF COMPETITION .
22 HOWEVER , IT MUST BE POINTED OUT IN ANY EVENT THAT IN THE CIRCUMSTANCES OF THIS CASE THAT FAULT WAS NOT SUCH AS TO BE PREJUDICIAL TO THE APPLICANT . IT DID NOT CAUSE HIM TO LOSE HIS STATUS AS AN ESTABLISHED OFFICIAL . AS WAS STATED ABOVE , HE OUGHT NOT TO HAVE BEEN ALLOWED TO TAKE PART IN THE COMPETITION AND OUGHT NOT IN ANY EVENT TO HAVE BEEN ESTABLISHED AS AN OFFICIAL IN THE CAREER BRACKET A 5 - A 4 .
23 NOR DID THE ABOVEMENTIONED FAULT CAUSE THE APPLICANT TO SUFFER ANY LOSS GIVING RISE TO LIABILITY FOR DAMAGES CAUSING HIM TO GIVE UP HIS PREVIOUS CONTRACT AS A MEMBER OF THE TEMPORARY STAFF IN GRADE A 4 . THAT CONTRACT WOULD NORMALLY HAVE EXPIRED ON 17 OCTOBER 1983 WHEN MR LEICHT ' S TERM OF OFFICE ENDED . ALTHOUGH THE APPLICANT LOST THE BENEFIT OF THAT CONTRACT AT AN EARLIER DATE , FROM 1 APRIL 1983 , BY REASON OF HIS UNLAWFUL APPOINTMENT AS AN OFFICIAL IN GRADE A 5 , IT MUST BE POINTED OUT THAT THE COURT OF AUDITORS PAID HIM HIS SALARY RELATING TO THAT GRADE UNTIL 16 OCTOBER 1984 AND THAT THAT ADVANTAGE AMPLY COMPENSATES FOR THE LOSS OF THE BENEFIT OF GRADE A 4 BETWEEN 1 APRIL AND 17 OCTOBER 1983 . IN THOSE CIRCUMSTANCES THE ALTERNATIVE CLAIM MUST ALSO BE REJECTED , WITHOUT ITS BEING NECESSARY TO RULE ON ITS ADMISSIBILITY .
THE ALTERNATIVE CLAIM FOR THE ANNULMENT OF COMPETITION NO CC/A/17/82
24 THIS ALTERNATIVE CLAIM WAS FORMULATED FOR THE FIRST TIME BEFORE THE COURT AND IS BASED ON GROUNDS WHICH ARE UNRELATED TO THE CLAIMS MADE IN THE COMPLAINT . ACCORDINGLY , THIS CLAIM IS INADMISSIBLE IN ANY EVENT .
25 IT FOLLOWS FROM THE FOREGOING THAT THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
26 THE COURT OF AUDITORS CONTENDS THAT THE ACTION IS VEXATIOUS AND THAT THE APPLICANT SHOULD BE ORDERED TO PAY THE WHOLE OF THE COSTS WITHOUT APPLICATION OF ARTICLE 70 OF THE RULES OF PROCEDURE .
27 THE APPLICANT ON THE OTHER HAND CONSIDERS THAT IN VIEW OF THE DUTY TO HAVE REGARD FOR THE