VALIDITY OF THE DECISION TAKEN BY THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE , WHO IS THE APPOINTING AUTHORITY . HE WAS IN NO WAY BOUND BY THE VIEWS OF THE DIRECTOR OF THE ESTABLISHMENT . THERE IS NOTHING IN THE FILE TO SUGGEST THAT HE DID NOT TAKE HIS DECISION IN THE LIGHT OF ALL RELEVANT FACTORS AND AFTER A CONSIDERATION OF THE COMPARATIVE MERITS OF THE VARIOUS CANDIDATES AS PROVIDED BY ARTICLE 45 OF THE STAFF REGULATIONS .
12 THE APPLICANT FURTHER CLAIMS THAT HIS ABILITIES AND HIS MERITS AND QUALIFICATIONS ARE SUPERIOR TO THOSE OF MR RANDLES AS IS DEMONSTRATED MOREOVER BY THE FACT THAT SUBSEQUENTLY THE APPLICANT WAS CALLED UPON TO REMEDY CERTAIN PROBLEMS AND INADEQUACIES WHICH APPEARED IN THE FRAMEWORK OF THE PROJECT CONCERNED . MR RANDLES WAS PREFERRED TO HIM FOR POLITICAL REASONS , BECAUSE OF HIS NATIONALITY .
13 IN THIS RESPECT IT SHOULD BE RECALLED THAT THE COURT CANNOT SUBSTITUTE ITS ASSESSMENT OF THE MERITS AND QUALIFICATIONS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY . NOTHING IN THE FILE SUGGESTS THAT IN ASSESSING THE MERITS AND QUALIFICATIONS OF THE APPLICANT AND OF THE CANDIDATE APPOINTED , THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE COMMITTED A MANIFEST ERROR . MOREOVER , EVENTS SUBSEQUENT TO THE DISPUTED APPOINTMENT CANNOT BE INVOKED IN SUPPORT OF SUCH AN ALLEGATION .
14 ACCORDING TO THE FIRST PARAGRAPH OF ARTICLE 27 OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY MUST ENSURE THAT RECRUITMENT IS CARRIED OUT ON AS WIDE A GEOGRAPHICAL BASIS AS POSSIBLE AMONGST NATIONALS OF THE MEMBER STATES . HOWEVER , THAT OBJECTIVE MUST BE SECONDARY TO THE REQUIREMENTS OF THE INTERESTS OF THE SERVICE AND TO CONSIDERATION OF THE ABILITY , EFFICIENCY AND INTEGRITY OF OFFICIALS , WHICH ARE ALSO REFERRED TO IN THAT PROVISION . ONLY WHERE THE MERITS AND QUALIFICATIONS OF THE VARIOUS CANDIDATES ARE EQUAL MAY THE APPOINTING AUTHORITY TAKE INTO CONSIDERATION THE NATIONALITY OF A CANDIDATE AS ONE FACTOR AMONGST OTHERS IN ITS CHOICE . IN THIS CASE , HOWEVER , THERE IS NOTHING TO SUGGEST THAT THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE DISREGARDED THOSE PRINCIPLES AND GAVE TOO MUCH WEIGHT TO THE CRITERION OF THE NATIONALITY OF THE CANDIDATES .
15 IT FOLLOWS FROM THE FOREGOING THAT THE SUBMISSIONS RELATING TO THE LEGALITY OF THE CHOICE MADE BY THE DIRECTOR GENERAL OF THE JOINT RESEARCH CENTRE ARE UNFOUNDED .
16 THE APPLICANT FURTHER CLAIMS THAT THE PROMOTION PROCEDURE DID NOT FOLLOW THE OUTLINE PROCEDURE LAID DOWN FOR THAT PURPOSE BY THE MEMORANDUM OF THE DIRECTOR GENERAL OF 23 OCTOBER 1979 .
17 ACCORDING TO THE COMMISSION SUCH A PROCEDURE , WHICH IS NOT LAID DOWN BY THE STAFF REGULATIONS , DOES NOT HAVE ANY LEGAL VALIDITY AND FAILURE TO OBSERVE IT CANNOT THEREFORE BE REGARDED AS AN INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT .
18 IN THAT RESPECT IT SHOULD BE OBSERVED THAT WHEN , BY A DECISION OF AN INTERNAL NATURE , THE