APPLICANT INFERS FROM THOSE EVENTS THAT THE DECISION NOT TO PROMOTE HIM TO HEAD OF A GROUP IS CLOSELY CONNECTED WITH THE ATTITUDE HE ADOPTED AT THE MEETING OF THE PROMOTION COMMITTEE IN ORDER TO HAVE THE MINUTES OF THAT MEETING ALTERED . HE CLAIMS , THEREFORE , THAT HIS APPLICATION WAS REJECTED BECAUSE OF HIS TRADE-UNION ACTIVITY WITHIN THE COMMITTEE .
5 ON THAT BASIS , THE APPLICANT MAINTAINS THAT THE CONTESTED DECISION INFRINGES CERTAIN PROVISIONS OF THE STAFF REGULATIONS AND CERTAIN GENERAL PRINCIPLES OF LAW BY REASON OF THE ATTACK ON FREEDOM OF TRADE UNIONS AND FREEDOM OF OPINION .
6 THE COMMISSION CONTENDS THAT THE APPLICANT ' S ALLEGATIONS ARE NOT SUPPORTED BY THE FACTS AS THE DECISION TO APPOINT ANOTHER CANDIDATE TO THE VACANT POST WAS BASED ON OBJECTIVE CRITERIA ENTIRELY UNCONNECTED WITH THE APPLICANT ' S TRADE-UNION ACTIVITIES .
7 IN THAT REGARD THE COMMISSION RELIES ON A MEMORANDUM FROM THE DIRECTOR FOR TRANSLATION , DOCUMENTATION , REPRODUCTION AND LIBRARY ADDRESSED TO THE DIRECTOR OF PERSONNEL , WHICH CONTAINED RECOMMENDATIONS CONCERNING THE FILLING OF CERTAIN POSTS , ONE OF WHICH IS THE SUBJECT OF THIS ACTION . THAT MEMORANDUM IS DATED 22 JANUARY 1981 ; IT THEREFORE ANTEDATES THE APPLICANT ' S APPOINTMENT AS A MEMBER OF THE LA PROMOTION COMMITTEE ON 23 JANUARY 1981 .
8 THE MEMORANDUM OF 22 JANUARY 1981 CONTAINS THE FOLLOWING PASSAGE REFERRING TO THE POST AT ISSUE :
' ' MR COWOOD PERFORMED HIS DUTIES AS HEAD OF A GROUP IN AN ENTIRELY SATISFACTORY MANNER AT A TIME WHEN THE ENGLISH DIVISION WAS ORGANIZED IN EIGHT GROUPS . AS A RESULT OF THE RATIONALIZATION OF THE GROUPS IN ALL THE LINGUISTIC DIVISIONS CARRIED OUT IN 1980 THE LATTER HAVE BEEN RE-ORGANIZED INTO SEVEN GROUPS AND IT HAS BECOME NECESSARY TO REDUCE THE NUMBER OF GROUPS IN THE ENGLISH DIVISION BY ONE . MR COWOOD IS CONSEQUENTLY IN COMPETITION WITH ANOTHER VERY EXPERIENCED HEAD OF GROUP . AS THE TWO CANDIDATES ARE OF EQUAL MERIT I CONSIDER THE MORE SUITABLE CANDIDATE TO BE MR SCHAFER , WHO HAS GREATER LENGTH OF SERVICE AND SENIORITY AS A REVISER IN GRADE LA 4 . HOWEVER , I SHOULD LIKE TO DRAW ATTENTION BOTH TO MR COWOOD ' S MERITS AND TO HIS GOOD WORK . ' '
9 IT HAS BEEN ESTABLISHED THAT THE ABOVE RECOMMENDATION WAS SENT BY THE DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION TO THE MEMBER OF THE COMMISSION WITH RESPONSIBILITY FOR PERSONNEL ON 18 FEBRUARY 1981 WITH A MEMORANDUM TO THE EFFECT THAT THE DIRECTOR GENERAL HAD NO OBJECTION THERETO .
10 THE APPLICANT HAS NOT DISPUTED EITHER THE ASSESSMENT OF THE QUALITIES OF THE CANDIDATES OR THE FACTS ON WHICH THE MEMORANDUM OF 22 JANUARY WAS BASED .
11 IN THOSE CIRCUMSTANCES , THE COURT ( FIRST CHAMBER ) INVITED THE APPLICANT TO SUBMIT WRITTEN PROOF OR TO INDICATE ANY WITNESS EVIDENCE WHICH MIGHT SHOW THAT THE COMMISSION , IN MAKING THE DISPUTED DECISION , WAS INFLUENCED