THE 55 APPOINTMENTS MADE BEFORE 31 JANUARY 1965 ON THE BASIS OF THE COMPETITION IN DISPUTE, THE SUBJECT - MATTER OF THE ACTION APPEARS TO BE SUFFICIENTLY CLEARLY DEFINED .
FOR ALL THESE REASONS THE OBJECTION OF INADMISSIBILITY MUST BE DISMISSED .
THE SUBSTANCE OF APPLICATION 18/64
IN APPLICATION 18/64 THE APPLICATIONS MAKE SEVERAL SUBMISSIONS FOR THE ANNULMENT OF THE DECISIONS OF THE COMMISSION SANCTIONING THE COMPETITION IN DISPUTE .
P.798
THEY MAINTAIN THAT, INTER ALIA, THE SELECTION BOARD FOR THE COMPETITION FAILED TO APPRECIATE THE REQUIREMENTS LAID DOWN BY THE NOTICE OF COMPETITION IN THAT IT REGARDED ONLY EXPERIENCE OBTAINED IN EMPLOYMENT OVER A PERIOD OF SIX YEARS AS EQUIVALENT TO A QUALIFICATION OBTAINED BY ' UNIVERSITY EDUCATION, SUPPORTED BY A DEGREE '.
IN THIS RESPECT IT IS CLEAR FROM THE REPORT OF THE SELECTION BOARD PRODUCED BY THE DEFENDANT IN A SCHEDULE TO ITS STATEMENT OF DEFENCE THAT IN ORDER TO DETERMINE THE EQUIVALENCE OF THE EXPERIENCE IN EMPLOYMENT OF CANDIDATES NOT POSSESSING A UNIVERSITY DEGREE, THE BOARD DECIDED TO ESTABLISH TWO CRITERIA BASED FIRST ON THE ' DURATION OF EQUIVALENT EXPERIENCE IN EMPLOYMENT ' AND SECONDLY ON THE ' LEVEL OF EQUIVALENT EXPERIENCE IN EMPLOYMENT '.
THE EFFECT OF THESE TWO CRITERIA IS TO BE SEEN CLEARLY IN A LETTER FROM THE DIRECTORATE-GENERAL OF ADMINISTRATION TO SEVERAL CANDIDATES WHO HAD BEEN ELIMINATED AND HAD REQUESTED THE REASONS FOR THEIR ELIMINATION .
THIS LETTER EXPLAINED IN PARTICULAR THAT :
' IN ORDER TO ASSESS THE EQUIVALENCE OF THE EXPERIENCE OF CANDIDATES IN EMPLOYMENT THE SELECTION BOARD CONSIDERED BOTH THEIR ACTIVITIES BEFORE THEIR ENTRY INTO THE SERVICE OF THE INSTITUTION AND THEIR LATER ACTIVITIES WITHIN THE INSTITUTION . EQUIVALENCE WAS DETERMINED ON THE BASIS OF THE LEVEL AND DURATION OF SUCH ACTIVITIES . HAVING TAKEN INTO ACCOUNT THE NORMAL DURATION OF UNIVERSITY STUDIES AND THE PRACTICE FOLLOWED IN OTHER COMPETITIONS FOR CATEGORY A, THE SELECTION BOARD CONSIDERED THAT THE ONLY ACTIVITIES CAPABLE OF BEING REGARDED AS EQUIVALENT TO UNIVERSITY STUDIES WERE THOSE PERFORMED OVER A PERIOD OF AT LEAST SIX YEARS . MOREOVER, THE LEVEL OF THESE ACTIVITIES MUST BE COMPARABLE TO THOSE OF AN OFFICIAL WHO HAS RECEIVED A UNIVERSITY EDUCATION, SUPPORTED BY A DEGREE, AND WHO IS ENGAGED IN PERFORMING DUTIES APPROPRIATE TO CATEGORY A, WITHIN THE MEANING OF ARTICLE 5 OF THE STAFF REGULATIONS '.
IN ACTING IN THIS WAY THE SELECTION BOARD SERIOUSLY FAILED TO APPRECIATE THE TERMS OF THE NOTICE OF COMPETITION AND THE CONCEPT OF EQUIVALENCE .
THE FACT THAT A CANDIDATE PERFORMS ACTIVITIES IN HIS EMPLOYMENT AT A LEVEL COMPARABLE TO THOSE PERFORMED BY AN OFFICIAL WHO HAS RECEIVED A UNIVERSITY EDUCATION, SUPPORTED BY A DEGREE, AND WHO IS ENGAGED IN PERFORMING THE DUTIES APPROPRIATE TO CATEGORY A WITHIN THE MEANING OF THE STAFF REGULATIONS IS IN ITSELF PROOF THAT HAVING ACCEDED TO THESE DUTIES THE OFFICIAL IN QUESTION POSSESSES, AS REGARDS THE REQUIREMENTS OF PUBLIC OFFICE, EXPERIENCE IN EMPLOYMENT EQUIVALENT TO SUCH A LEVEL OF EDUCATION, SUPPORTED BY A DEGREE .