2 IN 1980 THE APPLICANT TOOK PART , IN LUXEMBOURG , IN THE TESTS FOR THAT COMPETITION WHICH WERE ALSO CONDUCTED SIMULTANEOUSLY IN BRUSSELS .
3 IN BRUSSELS THE TEXT SET FOR THE SHORTHAND TEST WAS DICTATED TOGETHER WITH THE TITLE ( 11 WORDS ) WHILST IN LUXEMBOURG THE TITLE WAS NOT DICTATED .
4 THE SELECTION BOARD TOOK THE VIEW THAT THE CANDIDATES IN LUXEMBOURG HAD THUS BEEN PLACED AT AN ADVANTAGE AS COMPARED WITH THOSE IN BRUSSELS . IT THEREFORE DECIDED , BY WAY OF ' ' OFFSETTING ADVANTAGES ' ' TO CORRECT MORE SEVERELY THE TESTS HELD IN LUXEMBOURG IN THEIR ENTIRETY .
5 THE APPLICANT OBTAINED 19.5 MARKS OUT OF 40 AND THEREFORE FAILED BY HALF A MARK TO BE ENTERED ON THE LIST OF SUITABLE CANDIDATES FOR THE COMPETITION FOR SHORTHAND-TYPISTS ( C 3 - C 2 ). HER NAME WAS THEREFORE ENTERED ONLY ON THE RESERVE LIST OF SUITABLE CANDIDATES FOR APPOINTMENT AS TYPISTS ( C 5 - C 4 ).
6 BY LETTER OF 27 JANUARY 1981 , THE ADMINISTRATION OF THE COURT NOTIFIED THE APPLICANT THAT HER NAME WAS ENTERED ON THE RESERVE LIST RESULTING FROM THE COMPETITION . IT DID NOT HOWEVER SPECIFY WHETHER SHE APPEARED ON THE LIST AS A SHORTHAND-TYPIST OR AS A TYPIST AND , APPARENTLY , IT DID NOT GIVE HER ANY DETAILS CONCERNING THE RESULT OF HER TEST .
7 FOLLOWING AN OFFER MADE BY TELEPHONE AND CONFIRMED BY LETTER FROM THE ADMINISTRATION OF 23 APRIL 1981 , THE APPLICANT WAS EMPLOYED , FROM 1 JULY 1981 , AS A MEMBER OF THE TEMPORARY STAFF IN GRADE C 4 , AND , ON 11 AUGUST 1981 , FOLLOWING A VACANCY NOTICE , WAS APPOINTED WITH EFFECT FROM 1 AUGUST 1981 , AS A PROBATIONARY OFFICIAL IN GRADE C 4 , AS A FRENCH-LANGUAGE TYPIST .
8 BY MEMORANDUM DATED 19 JULY 1981 , THE APPLICANT INFORMED THE REGISTRAR THAT SHE CONTESTED THE MARK WHICH HAD BEEN GIVEN TO HER BY THE SELECTION BOARD AND REQUESTED A REASSESSMENT OF THE SHORTHAND TEST .
9 ON 14 OCTOBER 1981 , THE ADMINISTRATION SENT TO THE APPLICANT A SUPPLEMENTARY REPORT DRAWN UP BY THE BOARD , DATED 25 SEPTEMBER 1981 , EXPLAINING THAT THE BOARD HAD TAKEN INTO ACCOUNT IN THE CORRECTION OF THE TESTS THE CONDITIONS IN WHICH THE SHORTHAND TEST WAS CONDUCTED IN LUXEMBOURG AND CONCLUDING THAT IT WAS NOT IN A POSITION TO ALTER THE DECISION TAKEN IN RESPECT OF THE APPLICANT .
10 ON 13 OCTOBER 1981 , THE APPLICANT SUBMITTED A REQUEST WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS TO THE EFFECT THAT THE DECISION OF 11 AUGUST 1981 APPOINTING HER AS A SECRETARY/TYPIST IN GRADE C 4 SHOULD BE SET ASIDE , AND SEEKING HER APPOINTMENT AS A SECRETARY/SHORTHAND-TYPIST IN GRADE C 3 . ON 5 NOVEMBER SHE ASKED THE ADMINISTRATION TO REGARD THAT REQUEST AS A COMPLAINT WITHIN THE MEANING OF ARTICLE 90 ( 2 )