MISUSE OF PROCEDURE , BY WHICH IT WAS SOUGHT TO AVOID CONSIDERATION OF THE COMPARATIVE MERITS AND QUALIFICATIONS OF THE CANDIDATES . HE STATES THAT BEFORE THE POST EVEN FELL VACANT THE APPOINTING AUTHORITY PREJUDGED THE NATIONALITY IF NOT THE IDENTITY OF THE PERSON WHO WAS TO HOLD IT , AS IS SHOWN IN PARTICULAR BY THE CONTACTS THAT TOOK PLACE BETWEEN THE COMMISSION AND THE FRENCH AUTHORITIES BEFORE THE VACANCY NOTICE WAS DRAWN UP AND ALSO BY THE SUMMARY MANNER IN WHICH THE RECRUITMENT PROCEDURE WAS CONDUCTED . HE SUBMITS THAT THE COMMISSION THEREBY INFRINGED ARTICLE 7 AND THE THIRD PARAGRAPH OF ARTICLE 27 OF THE STAFF REGULATIONS , WHICH PROHIBIT THE RESERVING OF A POST FOR NATIONALS OF ANY SPECIFIC MEMBER STATE .
17 THE COMMISSION EMPHASIZES THAT IT COMPLIED WITH THE RULES LAID DOWN IN ARTICLE 29 BY CONSIDERING , IN THE APPROPRIATE ORDER , WHETHER THE POST COULD BE FILLED BY PROMOTION OR TRANSFER WITHIN THE INSTITUTION AND WHETHER IT SHOULD HOLD AN INTERNAL COMPETITION AND THEN , WHEN NO OFFICIAL HAD APPLIED FOR A TRANSFER , PROCEEDING TO THE STAGE PROVIDED FOR BY ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS . AT THAT STAGE IT ALSO TOOK INTO CONSIDERATION THE APPLICATIONS SUBMITTED UNDER ARTICLE 29 ( 1 ) ( A ) OF THE STAFF REGULATIONS , INCLUDING THAT OF THE APPLICANT .
18 IN JUSTIFICATION OF ITS DECISION TO HAVE RECOURSE TO THE RECRUITMENT PROCEDURE PROVIDED FOR BY ARTICLE 29 ( 2 ), THE COMMISSION STATES THAT IT IS FOR THE APPOINTING AUTHORITY , SUBJECT TO REVIEW BY THE COURT , TO DECIDE UPON THE SPECIAL NATURE OF THE QUALIFICATIONS NECESSARY TO FILL A POST , AND THAT IN THIS CASE THE SPECIAL QUALIFICATIONS REQUIRED RELATE TO THE NUCLEAR PRODUCTION CYCLE , THE MANAGEMENT OF FISSILE MATERIALS AND SAFEGUARDS . ACCORDING TO THE COMMISSION , IT IS ENOUGH FOR ONE OF THE REQUIRED QUALIFICATIONS TO BE CONSIDERED SPECIAL IN ORDER FOR RECOURSE TO THE PROCEDURE UNDER ARTICLE 29 ( 2 ) TO BE JUSTIFIED .
19 FINALLY , THE COMMISSION DISPUTES THE ALLEGATION THAT THE POST IN QUESTION WAS RESERVED FOR A NATIONAL OF A SPECIFIC MEMBER STATE ; IT SAYS THAT THE FACTS CITED BY THE APPLICANT HAVE THE FORCE OF MERE ASSERTIONS UNSUPPORTED BY EVIDENCE . AN OBJECTIVE EXAMINATION OF THE QUALIFICATIONS OF ALL THE CANDIDATES DID NOT REQUIRE MORE TIME THAN WAS DEVOTED TO IT , SINCE , AS IS OFTEN THE CASE FOR POSTS REQUIRING SPECIAL QUALIFICATIONS , THE COMMISSION HAD RECEIVED APPLICATIONS FROM OUTSIDE THE INSTITUTIONS AND THEREFORE DID NOT NEED TO PUBLICIZE THE VACANT POST OUTSIDE THE INSTITUTIONS .
20 IN REPLY TO A WRITTEN QUESTION IN WHICH THE COURT HAD ASKED IT TO STATE THE REASONS FOR ITS DECISION TO APPLY THE RECRUITMENT PROCEDURE PROVIDED FOR IN ARTICLE 29 ( 2 ), THE COMMISSION HAS STATED THAT IT TOOK THAT DECISION BECAUSE ' THE CHOICE AVAILABLE TO IT UNDER ARTICLE 29 ( 1 ) WAS LIMITED