JUSTIFIED TO PROCEED ON THE BASIS OF THE WORK OF THE SELECTION BOARD AS PERFORMED WITHOUT THE PARTICIPATION OF THE ABSENT MEMBER .
14THIS SUBMISSION CANNOT THEREFORE BE ACCEPTED .
SECOND SUBMISSION
15THE APPLICANT CLAIMS IN THE ALTERNATIVE THAT THE PRINCIPLE OF THE EQUALITY OF TREATMENT OF THE CANDIDATES IN A COMPETITION HAS BEEN VIOLATED BECAUSE THE SUBJECT OF THE WRITTEN TEST WAS CHOSEN FROM THE SUBJECTS WHICH ONE OF THE CANDIDATES HAD DEALT WITH IN THE PERFORMANCE OF HIS DUTIES AS A MEMBER OF THE TEMPORARY STAFF OCCUPYING THE POST PUT UP FOR COMPETITION .
16THE SELECTION BOARD CHOSE AS THE SUBJECT FOR THE WRITTEN TEST ' ' COMMUNITY RELATIONS WITH THE MEDITERRANEAN COUNTRIES : ASSOCIATION OR NON-PREFERENTIAL SYSTEM ' ' .
17THE APPLICANT OCCUPIED A POST IN GRADE A 6 IN THE DIRECTORATE GENERAL FOR OVERSEAS DEVELOPMENT , DIRECTORATE D ( OPERATIONS ), DIVISION 4 ( TRAINING ) WITHIN WHICH SHE HAD TAKEN PART IN PARTICULAR IN THE DRAWING-UP OF CERTAIN MULTI-ANNUAL TRAINING PROGRAMMES AND CERTAIN SPECIFIC TRAINING SCHEMES AND HAD CARRIED OUT FOR THIS PURPOSE SEVERAL FACT-FINDING MISSIONS FOR TRAINING SCHEMES IN THREE AFRICAN , CARIBBEAN AND PACIFIC COUNTRIES .
18THE OTHER CANDIDATE ADMITTED TO THE WRITTEN TEST HAD BEEN RESPONSIBLE , IN THE PERFORMANCE OF HIS DUTIES AS A MEMBER OF THE TEMPORARY STAFF IN THE POST TO BE FILLED , FOR MATTERS CONNECTED WITH TURKEY AND YUGOSLAVIA .
19THESE TWO COUNTRIES MAY BE CONSIDERED AS BEING TYPICAL COUNTRIES BENEFITING ONE FROM A SYSTEM OF ASSOCIATION AND THE OTHER FROM A NON-PREFERENTIAL SYSTEM .
20IT IS THEREFORE CLEAR THAT THE OTHER CANDIDATE WAS PUT AT AN UNFAIR ADVANTAGE BY THE CHOICE OF THE SUBJECT FOR THE WRITTEN TEST SINCE THE CONCRETE WAY IN WHICH THAT SUBJECT WAS DEFINED ENABLED HIM TO PROFIT FROM THE SPECIAL EXPERIENCE ACQUIRED IN THE PERFORMANCE OF HIS DUTIES IN THE POST PUT UP FOR COMPETITION .
21THIS INFRINGEMENT OF THE PRINCIPLE OF EQUALITY OF TREATMENT OF THE CANDIDATES IN A COMPETITION IS SUCH AS TO VITIATE BOTH THE DECISION IN QUESTION ADOPTED BY THE SELECTION BOARD FOR THE COMPETITION AND THE SUBSEQUENT PROCEDURE .
22IN THESE CIRCUMSTANCES IT IS NOT NECESSARY TO EXAMINE THE SUBMISSION PUT FORWARD BY THE APPLICANT AS A FURTHER ALTERNATIVE CONCERNING THE INFRINGEMENT OF THE STAFF REGULATIONS OF OFFICIALS , IN PARTICULAR ARTICLE 7 ( 1 ) THEREOF ( ' ' THE INTERESTS OF THE SERVICE ' ' ) AND MISUSE OF POWERS .
23IT IS THEREFORE NECESSARY TO ANNUL BOTH THE DECISION BY WHICH THE SELECTION BOARD FOR COMPETITION COM/680/75 REFUSED TO ADMIT THE APPLICANT TO THE ORAL TESTS AND THE SUBSEQUENT PROCEDURE IN THE COMPETITION AND THE APPOINTMENT MADE AS A RESULT THEREOF .
Decision on costs
COSTS
24UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
25AS THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS , IT IS NECESSARY TO ORDER IT TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS