EMPLOYEE OF THE COMMISSION RECRUITED IN 1973 AS AN OFFICIAL IN GRADE B 4 AND THEN PROMOTED TO GRADE B 3 IN 1978 , WAS ASSIGNED TO THE DIRECTORATE-GENERAL FOR EXTERNAL RELATIONS IN WHICH HE STILL WORKS . SINCE 1977 HE HAS BEEN ENTRUSTED WITH A NUMBER OF DUTIES ATTACHING TO GRADE A 7 . ON 1 AUGUST 1981 , HE WAS AWARDED A BACHELOR OF LAWS DEGREE BY LONDON UNIVERSITY . ON 28 SEPTEMBER 1981 , HE APPLIED FOR ADMISSION TO COMPETITION COM/A/325 , SELECTING EXTERNAL RELATIONS AS HIS OPTION .
4 BY LETTER DATED 25 FEBRUARY 1982 , THE HEAD OF THE RECRUITMENT DIVISION INFORMED MR LIPMAN THAT IT HAD NOT BEEN POSSIBLE TO ACCEPT HIS CANDIDATURE FOR THE COMPETITION ON THE GROUND THAT HE HAD NOT HAD AT LEAST TWO YEARS ' PRACTICAL EXPERIENCE SINCE GRADUATION .
I - CLAIM FOR THE ANNULMENT OF THE DECISION REFUSING TO ADMIT THE APPLICANT TO THE COMPETITION
1 . SUBMISSION THAT THE PROVISION IN THE NOTICE OF COMPETITION RELATING TO THE REQUIREMENT OF EXPERIENCE SHOULD BE GIVEN A WIDE INTERPRETATION .
5 THE APPLICANT CLAIMS THAT THE PROVISION IN THE NOTICE OF COMPETITION WHICH REQUIRES THAT ' ' CANDIDATES MUST HAVE COMPLETED . . . AT LEAST TWO YEARS ' EXPERIENCE SINCE GRADUATION . . . ' ' MUST BE INTERPRETED BROADLY AND THAT CONSEQUENTLY , IN VIEW OF THE LENGTH AND QUALITY OF HIS PRACTICAL EXPERIENCE BEFORE GRADUATION AND EVEN THOUGH HE DID NOT HAVE AT LEAST TWO YEARS ' EXPERIENCE AFTER GRADUATION , HE SHOULD HAVE BEEN ADMITTED TO THE TESTS .
6 FIRST , THE COURT FINDS THAT THE TEXT WHOSE APPLICATION IS AT ISSUE CLEARLY STATES THAT ONLY EXPERIENCE SINCE GRADUATION MAY BE TAKEN INTO ACCOUNT . CONSEQUENTLY , NO INTERPRETATION CAN OVERRIDE SUCH A CLEAR TEXT , ESPECIALLY WHERE THE PURPOSE OF THE TEXT CLOSELY CORRESPONDS TO THE INTENTION OF THE APPOINTING AUTHORITY WHICH HAS A WIDE DISCRETION IN THIS AREA . NOR , THEREFORE CAN THAT REQUIREMENT LAID DOWN IN THE NOTICE OF COMPETITION BE REGARDED AS BEING OF SECONDARY IMPORTANCE .
7 SECONDLY , MR LIPMAN RELIES IN SUPPORT OF THIS SUBMISSION UPON THE PROVISIONS OF ARTICLE 1 ( D ) OF ANNEX III TO THE STAFF REGULATIONS OF OFFICIALS , WHICH PROVIDES THAT THE NOTICE OF COMPETITION MUST SPECIFY ' ' THE DIPLOMAS AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS OR THE DEGREE OF EXPERIENCE REQUIRED FOR THE POSTS TO BE FILLED ' ' , AND INFERS FROM IT THAT THE CONDITION RELATING TO PRACTICAL EXPERIENCE SHOULD BE FORMULATED IN RELATION TO THE POST TO BE FILLED AND NOT IN TERMS OF WHEN THE EXPERIENCE WAS ACQUIRED IN RELATION TO THE DEGREE OR DIPLOMA . THAT ARGUMENT CANNOT BE ACCEPTED . IN FACT , THE ONLY PURPOSE OF THE ABOVE-CITED PROVISION OF THE STAFF REGULATIONS IS TO SPECIFY THE HEADINGS , WHICH EVERY NOTICE OF COMPETITION MUST CONTAIN , AND CANNOT BE REGARDED AS LAYING DOWN THE PRECISE CONTENT OF EACH OF THOSE