THE INTERESTS OF THE SERVICE AND THE QUALIFICATIONS AND MERITS OF THE CANDIDATES TO BE TAKEN INTO CONSIDERATION IN MAKING A PROMOTION DECISION PURSUANT TO ARTICLE 45 OF THE STAFF REGULATIONS OF OFFICIALS, THE APPOINTING AUTHORITY POSSESSES A WIDE DISCRETION, AND IN THAT CONNECTION THE COURT' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER, HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT, THE LATTER HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS POWER IN A MANIFESTLY INCORRECT WAY . THE COURT CANNOT THEREFORE SUBSTITUTE ITS ASSESSMENT OF THE QUALIFICATIONS AND MERITS OF THE CANDIDATES FOR THAT OF THE APPOINTING AUTHORITY .
7 IT SHOULD ALSO BE POINTED OUT THAT, WHEREAS THE VACANCY NOTICE REQUIRED "THOROUGH KNOWLEDGE" OF THE EEC TREATY AND OF COMMUNITY COMPETITION LAW AND "WIDE EXPERIENCE" APPROPRIATE TO THE POST, IT ONLY REQUIRED "KNOWLEDGE" OF ONE OR MORE OF THE SECTORS CONCERNED, THAT IS TO SAY ENERGY, CHEMICALS, AGRICULTURAL PRODUCTS AND FOODSTUFFS . THAT DIFFERENCE OF WORDING SHOWS THAT THE LATTER REQUIREMENT WAS LESS IMPORTANT FOR THE POST IN QUESTION THAN THE OTHER QUALIFICATIONS REQUIRED .
8 THE CANDIDATE WHO WAS APPOINTED HAD FOR 14 YEARS HELD VERY RESPONSIBLE POSITIONS, FIRST IN THE CABINET OF A MEMBER OF THE COMMISSION, WHERE HE WAS IN PARTICULAR IN CHARGE OF COMPETITION, AND SUBSEQUENTLY AS ASSISTANT TO THE DIRECTOR-GENERAL FOR COMPETITION . IT THEREFORE DOES NOT APPEAR MANIFESTLY INCORRECT TO CONSIDER THAT IN THAT CAPACITY HE HAD ACQUIRED KNOWLEDGE OF THE VARIOUS COMPETITION SECTORS, INCLUDING THOSE CONCERNED IN THIS CASE, AND THAT SUCH KNOWLEDGE WAS SUFFICIENT IN VIEW OF HIS OTHER QUALIFICATIONS, TO WHICH THE COMMISSION ATTACHED MORE IMPORTANCE . CONTRARY TO WHAT THE APPLICANT APPEARS TO MAINTAIN, THE COMMISSION WAS NOT BOUND TO REQUIRE THAT THE CANDIDATE SHOULD ALREADY HAVE UNDERTAKEN SPECIALIZED DUTIES IN ONE OR MORE OF THE SECTORS CONCERNED, AS HAD THE APPLICANT .
9 CONSEQUENTLY, THERE IS NOTHING IN THE DOCUMENTS BEFORE THE COURT TO SUPPORT A FINDING THAT, IN DECIDING THAT THE CANDIDATE APPOINTED TO THE POST IN QUESTION FULFILLED THE CONDITIONS LAID DOWN IN THE VACANCY NOTICE, THE COMMISSION COMMITTED A MANIFEST ERROR OR EXCEEDED THE BOUNDS OF ITS DISCRETIONARY POWERS . IN VIEW OF THIS AND OF THE FACT THAT ARTICLE 26 OF THE STAFF REGULATIONS OF OFFICIALS PROVIDES THAT PERSONAL FILES OF OFFICIALS ARE CONFIDENTIAL, THE COURT HAS CONCLUDED THAT IT IS NOT APPROPRIATE TO ORDER THE PRODUCTION OF THE PERSONAL FILE OF THE CANDIDATE WHO WAS APPOINTED .
THIRD SUBMISSION : INADEQUATE CONSIDERATION OF THE MERITS OF THE CANDIDATES
10 NOR IS IT POSSIBLE TO UPHOLD THE APPLICANT' S THIRD SUBMISSION, BY WHICH HE COMPLAINS THAT THE COMMISSION, IN BREACH OF ARTICLE 45 OF THE STAFF REGULATIONS DID NOT ITSELF CONSIDER THE COMPARATIVE MERITS OF THE VARIOUS CANDIDATES OR IN ANY EVENT DID SO ON THE BASIS OF AN IMPROPERLY CONSTITUTED FILE, WHICH DID NOT CONTAIN A CERTAIN DOCUMENT SHOWING THAT THE APPLICANT HAD ALREADY PERFORMED THE DUTIES IN QUESTION OR REFER