SHORTLY BEFORE WITH THE COMMISSION AND WHOSE EMPLOYMENT LEFT HER NO REAL OPPORTUNITY TO FINISH HER STUDIES AND TO OBTAIN A UNIVERSITY DEGREE WITHIN A SHORT PERIOD .
11 IT FOLLOWS THAT THE APPLICANT ' S ORIGINAL ADMISSION TO THE COMPETITION COULD NOT BE WITHDRAWN SO THAT THE CONTESTED DECISION MUST BE ANNULLED .
12 SINCE THE COMMISSION IS REQUIRED TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THIS JUDGMENT , THERE IS NO NEED TO ARRIVE AT A DECISION ON THE CLAIM THAT THE APPLICANT ' S NAME SHOULD BE INCLUDED IN THE LIST OF SUITABLE CANDIDATES .
Decision on costs
COSTS
13 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE COMMISSION HAS FAILED IN THE ESSENTIAL PART OF ITS SUBMISSIONS IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
HEREBY :
1 . ANNULS THE DECISION OF THE SELECTION BOARD FOR COMPETITION NO COM/B/328 TO ANNUL ITS OWN DECISION ADMITTING THE APPLICANT TO THE TESTS FOR THE COMPETITION ;
2 . DISMISSES THE REMAINDER OF THE APPLICATION ;
3 . ORDERS THE COMMISSION TO PAY THE COSTS .