NOT TO ACCEPT THE APPLICANT ' S APPLICATION FOR THAT POST AND TO APPOINT ANOTHER CANDIDATE TO IT , AND OF THE IMPLIED DECISION REJECTING THE APPLICANT ' S COMPLAINT LODGED ON 2 AUGUST 1976 .
2DURING THE PREPARATION OF THE PRELIMINARY DRAFT BUDGET FOR 1975 THE AGENCY HAD REPEATED ITS EARLIER REQUEST FOR THE CREATION OF TWO POSTS IN GRADE B 1 , ONE OF WHICH WAS TO BE ASSIGNED TO BRUSSELS AND THE OTHER TO WASHINGTON .
3HOWEVER , DURING THE PREPARATION OF THE PRELIMINARY DRAFT BUDGET FOR 1976 THE AGENCY CONFINED ITSELF FOR BUDGETARY REASONS TO A REQUEST FOR THE CREATION OF A SINGLE POST IN GRADE B 1 , TO BE ASSIGNED TO THE DELEGATION OF THE COMMISSION IN WASHINGTON .
4THE VACANCY NOTICE IN DISPUTE , WHICH THUS CONCERNED A POST IN THE GRADE IN QUESTION ASSIGNED TO WASHINGTON , LISTS THE FOLLOWING NECESSARY QUALIFICATIONS :
- A THOROUGH KNOWLEDGE OF THE NUCLEAR FUEL INDUSTRY ;
- WIDE BUSINESS EXPERIENCE ;
- WIDE EXPERIENCE RELEVANT TO THE POST .
5THE APPLICANT , AN OFFICIAL IN GRADE B 2 , WHO , SINCE HER APPOINTMENT IN 1959 , HAS SPENT HER ENTIRE SUBSEQUENT CAREER AT THE EURATOM SUPPLY AGENCY , WAS ADVISED ON 6 JULY 1976 THAT HER APPLICATION FOR THE POST IN QUESTION HAD NOT BEEN SUCCESSFUL .
ADMISSIBILITY
6THE DEFENDANT OBJECTS THAT THE APPLICATION IS INADMISSIBLE ON THE GROUND THAT THE VACANCY NOTICE AT ISSUE DOES NOT CONSTITUTE AN ACT ADVERSELY AFFECTING AN OFFICIAL WITHIN THE MEANING OF ARTICLE 91 ( 1 ) OF THE STAFF REGULATIONS .
7IN FIXING THE CONDITIONS GOVERNING ACCESS TO THE POST THE VACANCY NOTICE , DRAWN UP WITHIN THE CONTEXT OF ARTICLE 29 ( 1 ) ( A ) OF THE STAFF REGULATIONS , DETERMINES THE OFFICIALS WHOSE CANDIDATURE MAY BE ACCEPTED .
8IN SO FAR AS THE EFFECT OF THOSE CONDITIONS IS TO RULE OUT THE CANDIDATURE OF OFFICIALS WHO ARE ELIGIBLE FOR TRANSFER OR PROMOTION , THE VACANCY NOTICE CONSTITUTES AN ACT ADVERSELY AFFECTING SUCH OFFICIALS .
9THE OBJECTION OF INADMISSIBILITY MUST THEREFORE BE DISMISSED AS REGARDS THAT POINT .
10THE COMMISSION ALSO SUBMITS THAT IN REALITY THE APPLICATION FOR ANNULMENT IS DIRECTED NOT AGAINST THE VACANCY NOTICE ITSELF BUT AGAINST THE DECISION TO ASSIGN THE NEWLY-CREATED POST TO WASHINGTON .
11IT MAINTAINS THAT DECISIONS RELATING TO THE DISTRIBUTION OF THE AVAILABLE POSTS IN THE VARIOUS ADMINISTRATIVE UNITS FALL WITHIN THE FIELD OF ITS DISCRETIONARY POWERS IN THE MATTER .
12THE ADMISSIBILITY OF THAT HEAD OF THE CONCLUSIONS IS LINKED TO THE SUBSTANCE AND , MORE PARTICULARLY , TO THE COMPLAINT RELATING TO MISUSE OF POWERS .
SUBSTANCE
13THE APPLICANT MAINTAINS THAT THE CONTESTED MEASURES INFRINGE ARTICLES 45 ( 1 ) AND 7 ( 1 ) OF THE STAFF REGULATIONS AND ARE VITIATED BY MISUSE OF POWERS .
14SHE ALLEGES THAT THE COMPARATIVE MERITS OF THE CANDIDATE APPOINTED WERE NOT CONSIDERED AS AGAINST HER OWN , SINCE HER PERIODIC REPORT FOR THE PERIOD FROM 1 JULY