THE BASIS OF A COMPARATIVE EXAMINATION OF THE MERITS OF THE CANDIDATES AND SOME OF THEM ARE NOT TO BE GIVEN AN ADVANTAGE SIMPLY BECAUSE THEY HOLD A DEGREE OR A DIPLOMA .
12 IT FOLLOWS THAT THE AD HOC COMMITTEE HAD THE DUTY OF ASSESSING WHETHER THE CANDIDATES WITH DEGREES OR DIPLOMAS WERE SUITABLE FOR TRANSFER TO THE NEXT HIGHER CATEGORY AND THAT IT WAS NOT OBLIGED TO ENTER THE NAMES OF ALL THOSE CANDIDATES ON THE LIST .
13 THE FIRST SUBMISSION MUST THEREFORE BE DISMISSED .
THE SUBMISSION THAT THE COMMITTEE OUGHT NOT TO HAVE TAKEN BUDGETARY CONSTRAINTS INTO ACCOUNT
14 THE APPLICANTS CONTEND THAT THE AD HOC COMMITTEE LIMITED THE NUMBER OF NAMES ON THE LIST OF SUITABLE CANDIDATES IN ORDER TO TAKE ACCOUNT OF BUDGETARY CONSTRAINTS AND THAT IT HAD NO POWER TO DO SO SINCE BUDGETARY CONSTRAINTS SHOULD BE TAKEN INTO ACCOUNT ONLY WHEN THE ACTUAL APPOINTMENTS ARE MADE .
15 IT SHOULD BE NOTED THAT, ACCORDING TO PARAGRAPH I ( D ) OF THE PROCEDURAL ARRANGEMENTS, THE COMMITTEE, WHEN DRAWING UP THE LIST OF SUITABLE CANDIDATES, WAS OBLIGED TO TAKE INTO ACCOUNT THE LIKELY AVAILABLE BUDGETARY RESOURCES . IT IS NOT THE CASE, AS THE APPLICANTS MAINTAIN, THAT THAT PROVISION CONFLICTS WITH PARAGRAPH III 2 ( E ), ACCORDING TO WHICH TRANSFERS ARE TO BE DECIDED BY THE APPOINTING AUTHORITY IN THE LIGHT OF "THE BUDGETARY SITUATION ": IT CAN ONLY BE UNDERSTOOD AS CALLING UPON THE COMMITTEE TO LIMIT THE NUMBER OF NAMES ON THE LIST OF SUITABLE CANDIDATES TO THE NUMBER OF POSTS LIKELY TO BECOME VACANT DURING THE PERIOD OF VALIDITY OF THE LIST .
16 THE PURPOSE OF SETTING UP THE COMMITTEE WAS IN FACT TO FACILITATE THE APPOINTING AUTHORITY' S SELECTION . THIS AIM WOULD NOT HAVE BEEN ATTAINED IF THE NUMBER OF STAFF ON THE LIST OF SUITABLE CANDIDATES HAD BORNE NO RELATION TO THE LIKELY AVAILABLE BUDGETARY RESOURCES .
17 THE SECOND SUBMISSION MUST THEREFORE ALSO BE DISMISSED .
THE SUBMISSION THAT THE SELECTION PROCEDURE WAS EQUIVALENT TO A COMPETITION
18 THE APPLICANTS SUBMIT THAT THE SELECTION SO CARRIED OUT AMONGST THE CANDIDATES WAS EQUIVALENT TO A COMPETITION PROCEDURE AND THAT THE SECOND PARAGRAPH OF ARTICLE 98 OF THE STAFF REGULATIONS PROHIBITS THE HOLDING OF A COMPETITION FOR THE TRANSFER OF SCIENTIFIC AND TECHNICAL STAFF FROM ONE CATEGORY TO A HIGHER CATEGORY .
19 IT MUST BE POINTED OUT THAT, ALTHOUGH ARTICLE 45 ( 2 ) OF THE STAFF REGULATIONS LAYS DOWN THE PRINCIPLE THAT AN OFFICIAL MAY BE TRANSFERRED FROM ONE SERVICE TO ANOTHER OR PROMOTED FROM ONE CATEGORY TO ANOTHER ONLY ON THE BASIS OF A COMPETITION, THE SECOND PARAGRAPH OF ARTICLE 98 PROVIDES THAT "ARTICLE 45 ( 2 ) SHALL NOT APPLY TO OFFICIALS COVERED BY ARTICLE 92 ". IT IS CLEAR FROM THOSE PROVISIONS CONSIDERED TOGETHER THAT THEY ALLOW THE APPOINTING AUTHORITY TO PROMOTE SCIENTIFIC AND TECHNICAL STAFF TO A HIGHER CATEGORY WITHOUT USING THE COMPETITION PROCEDURE; HOWEVER, PROHIBITING THE USE OF