THE HEARING ON 23 OCTOBER 1986,
UPON HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 11 DECEMBER 1986,
GIVES THE FOLLOWING
JUDGMENT
Grounds
1 BY APPLICATION LODGED AT THE COURT REGISTRY ON 13 DECEMBER 1985 HENRI MAURISSEN, AN OFFICIAL OF THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES, BROUGHT AN ACTION FOR THE ANNULMENT OF THE DECISIONS OF 2 AUGUST AND 28 OCTOBER 1985 BY WHICH THE SELECTION BOARD FOR INTERNAL COMPETITION NO CC/A/8/85 REFUSED TO ADMIT HIM TO THE TESTS FOR THAT COMPETITION .
2 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE TERMS OF THE NOTICE OF COMPETITION NO CC/A/8/85 AND THE SUBMISSIONS AND ARGUMENTS OF THE PARTIES WHICH ARE REPRODUCED BELOW ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
3 THE CASE RELATES TO THE NATURE AND DURATION OF MR MAURISSEN' S EXPERIENCE WHICH, IN THE ABSENCE OF UNIVERSITY STUDIES ATTESTED BY A RECOGNIZED DIPLOMA, HAD TO BE "EQUIVALENT PROFESSIONAL EXPERIENCE" WITHIN THE MEANING OF POINT IV.1(B ) OF THE NOTICE OF COMPETITION, THAT IS TO SAY EXPERIENCE ACQUIRED IN A FULL-TIME OCCUPATION WHICH NORMALLY REQUIRES A UNIVERSITY DEGREE OR DIPLOMA AND FOR A PERIOD WHICH THE SELECTION BOARD ITSELF FIXED AT A MINIMUM OF THREE YEARS .
4 THE APPLICANT CLAIMED MORE THAN 20 YEARS' EXPERIENCE . HIS CURRICULUM VITAE, ANNEXED TO HIS APPLICATION FORM, SHOWED INTER ALIA THAT HE HAD BEEN EMPLOYED BY IBM FROM JANUARY 1973 UNTIL HE ENTERED THE SERVICE OF THE COURT OF AUDITORS IN 1983 . IT STATED THAT HE HAD SUCCESSIVELY HELD THE POSTS OF "FINANCIAL ANALYST ASSOCIATE" FROM 1976 TO 1981 AND "PRODUCTIVITY PROJECT ANALYST" FROM 1981 TO 1983 . MR MAURISSEN POINTED TO THE HIGH LEVEL OF RESPONSIBILITY WHICH HIS DUTIES IN THOSE TWO POSTS INVOLVED AND ENCLOSED DESCRIPTIONS OF THE NATURE OF THE TWO POSTS DRAWN UP BY IBM . HOWEVER, ONLY THE PARTICULARS RELATING TO THE POST OF PRODUCTIVITY PROJECT ANALYST SPECIFICALLY MENTIONED "UNIVERSITY OR EQUIVALENT" UNDER THE HEADING "LEVEL OF STUDIES ".
5 BY LETTER DATED 2 AUGUST 1985, THE CHAIRMAN OF THE SELECTION BOARD INFORMED THE APPLICANT THAT HE COULD NOT BE ADMITTED TO THE COMPETITION ON THE GROUND THAT THE CERTIFICATES INCLUDED WITH HIS APPLICATION FORM DID NOT ALLOW THE SELECTION BOARD TO DETERMINE WHETHER HE HAD PERFORMED THE DUTIES OF PRODUCTIVITY PROJECT ANALYST FOR AT LEAST THREE YEARS .
6 SUBSEQUENTLY THE CHAIRMAN OF THE SELECTION BOARD SENT MR MAURISSEN, AND ALL THE OTHER APPLICANTS, A LETTER DATED 12 AUGUST 1985 IN WHICH, PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 2 OF ANNEX III TO THE STAFF REGULATIONS, THE BOARD GRANTED HIM A PERIOD EXPIRING ON 30 SEPTEMBER 1985 TO LODGE ANY ADDITIONAL OBSERVATIONS; HOWEVER, HE WAS NOT TO SUBMIT ADDITIONAL DOCUMENTS WHICH HAD NOT BEEN INCLUDED WITH THE ORIGINAL APPLICATION FORM .
7 THE APPLICANT THEN SENT THE CHAIRMAN OF THE SELECTION BOARD A MEMORANDUM DATED 30 SEPTEMBER 1985 INFORMING HIM THAT HE CONSIDERED THAT THE PERIOD DURING