S DECISION .
15 AS REGARDS THE LEGALITY OF THE DECISION REFUSING TO ADMIT THE APPLICANTS TO THE COMPETITION , IT SHOULD BE NOTED THAT , IN VIEW OF THE WORDING OF THE NOTICE OF COMPETITION , THE NATURE OF THE VACANT POST AND THE PLACE OF EMPLOYMENT , THE SELECTION BOARD WAS PERFECTLY ENTITLED TO DECIDE , WITHIN THE SCOPE OF ITS DISCRETIONARY POWER , THAT A ' GOOD ' KNOWLEDGE OF FRENCH WAS ESSENTIAL , EVEN IF THE NOTICE OF COMPETITION DID NOT CONTAIN ANY INDICATION AS TO THE LEVEL REQUIRED .
16 HOWEVER , ALTHOUGH IT WAS THE SELECTION BOARD ' S DUTY TO MAKE SURE THAT THE CANDIDATES SATISFIED THE CONDITIONS FOR ADMISSION WHICH IT HAD DETERMINED , IT COULD EXERCISE THAT POWER ONLY ON THE BASIS OF OBJECTIVE CRITERIA , SUCH AS UNIVERSITY DEGREES OR DIPLOMAS , AND NOT , AS IT DID IN THIS INSTANCE , ON THE BASIS OF A PURELY SUBJECTIVE ASSESSMENT GIVEN BY THE CANDIDATES AS TO THEIR KNOWLEDGE OF FRENCH , EXCEPT WHERE CANDIDATES STATED THAT THEY HAD NO KNOWLEDGE OF THAT LANGUAGE .
17 THE SELECTION BOARD ' S CONDUCT IN THAT RESPECT WAS EVEN MORE REPREHENSIBLE BECAUSE AN ORAL TEST OF FRENCH WAS PROVIDED FOR IN THE NOTICE OF COMPETITION , ON THE BASIS OF WHICH IT WOULD HAVE BEEN POSSIBLE TO CARRY OUT A CLEARLY OBJECTIVE ASSESSMENT OF THE CANDIDATES ' KNOWLEDGE OF FRENCH .
18 IT FOLLOWS FROM THE FOREGOING THAT THE DECISIONS OF 2 AUGUST AND 28 OCTOBER 1985 REFUSING TO ADMIT THE APPLICANTS TO THE TESTS DO NOT CONFORM TO THE PROVISIONS OF THE NOTICE OF COMPETITION OR TO THE SCHEME OF THE TESTS FOR WHICH IT PROVIDES . THEY MUST THEREFORE BE ANNULLED .
Decision on costs
COSTS
19 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . IN THE CIRCUMSTANCES OF THE CASE AND ALTHOUGH IT SUBMITTED THAT THE COURT SHOULD ALLOW THE APPLICATION , THE COURT OF AUDITORS MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
( 1 ) ANNULS THE DECISIONS OF 2 AUGUST AND 28 OCTOBER 1985 WHEREBY THE SELECTION BOARD IN COMPETITION NO CC/A/8/85 REFUSED TO ADMIT MR HOYER AND MR NEUMANN TO THE TESTS IN THAT COMPETITION ;
( 2 ) ORDERS THE COURT OF AUDITORS TO PAY ALL THE COSTS OF THE PROCEEDINGS .