OFFICIALS CHOSEN ON THE BASIS OF OBJECTIVE CRITERIA AND ONLY IN THE INTERESTS OF THE SERVICE .
7 IN HIS NOTE OF 14 NOVEMBER 1974 , IN WHICH HE REPLIED TO THE CRITICISMS MADE BY THE AMALGAMATED EUROPEAN PUBLIC SERVICE UNION IN ITS BULLETIN OF 7 NOVEMBER 1974 , THE SECRETARY-GENERAL STATED THAT :
' - THE QUESTION OF THE TRANSFER OF AN OFFICIAL IN GRADE L/A 4 TO GRADE A 4 AS A RESULT OF A COMPETITION AROSE OUT OF A DESIRE TO MITIGATE AN ANOMALOUS SITUATION WHICH HAS ALREADY LASTED FOR SOME YEARS AND WHICH CAME INTO EXISTENCE AS THE RESULT OF EXCESSIVE LENIENCY ON THE PART OF THE ADMINISTRATION .
- IT WILL BE IMPOSSIBLE FOR SUCH A SITUATION TO ARISE IN FUTURE . MEASURES WILL BE ADOPTED TO ENSURE THAT IN THE NEAR FUTURE THE TASKS PERFORMED BY EACH OFFICIAL ARE THOSE OF HIS CATEGORY OR SERVICE . '
8 THE DEFENDANT HAS NOT CONTESTED THE PERTINENCE IN THIS CASE OF THESE STATEMENTS AND , DURING THE WRITTEN AND ORAL PROCEDURE , HAS ADMITTED THAT THE ' SITUATION WHICH HAS ALREADY LASTED FOR SOME YEARS ' TO WHICH THE SECRETARY GENERAL REFERRED WAS THAT OF MR MARTINO WHO WAS CLASSIFIED IN GRADE L/A 4 BUT WHO HAD FOR A CONSIDERABLE TIME BEEN ASSIGNED TO A POST WHICH WAS IDENTICAL TO THE POST IN QUESTION .
9 IN ITS REJOINDER THE DEFENDANT STATED THAT AS SUCH A SITUATION WAS ANOMALOUS ' IT WAS APPROPRIATE . . . TO REMEDY IT ' BY MEANS OF THE OPPORTUNITY PRESENTED BY COMPETITION NO A/108 .
10 IT IS CLEAR FROM THE ABOVEMENTIONED NOTE AND FROM THE FOREGOING STATEMENTS THAT INTERNAL COMPETITION NO A/108 WAS ORGANIZED BY THE APPOINTING AUTHORITY FOR THE SOLE PURPOSE OF REMEDYING THE ANOMALOUS ADMINISTRATIVE STATUS OF A SPECIFIC OFFICIAL AND OF APPOINTING THAT SAME OFFICIAL TO THE POST DECLARED VACANT .
11 THE PURSUIT OF SUCH A SPECIFIC OBJECTIVE IS CONTRARY TO THE AIMS OF ANY RECRUITMENT PROCEDURE , INCLUDING THE INTERNAL COMPETITION PROCEDURE , AND THUS CONSTITUTES A MISUSE OF POWERS .
12 THE EXISTENCE OF MISUSE OF POWERS IN THIS INSTANCE IS MOREOVER CONFIRMED BY THE FACT THAT ONE OF THE CONDITIONS FOR ADMISSION TO THE COMPETITION WAS THAT THE SUCCESSFUL CANDIDATE MUST HAVE HELD THE SECRETARIAT FOR MEETINGS OF COUNCIL WORKING PARTIES OR COMMITTEES ON REGIONAL POLICY FOR AT LEAST FOUR YEARS .
13 IT IS NOT DISPUTED THAT SUCH A RESTRICTIVE CONDITION CORRESPONDS EXACTLY TO THE DUTIES PERFORMED BY EMILIO MARTINO IN HIS PREVIOUS POST .
14 FURTHERMORE , NONE OF THE INFORMATION PROVIDED BY THE DEFENDANT SHOWS WHY IT WAS NECESSARY IN THE INTERESTS OF THE SERVICE TO LAY DOWN SUCH A SPECIFIC CONDITION AS REGARDS THE DURATION OF THE DUTIES REFERRED TO .
15 FURTHERMORE , IN A MEMORANDUM DATED 21 MARCH 1973 WHICH WAS DRAWN UP AFTER AGREEMENT WITH THE STAFF REPRESENTATIVES , THE SECRETARY-GENERAL OF THE COUNCIL HAD GIVEN THE DIRECTORATE FOR ADMINISTRATION CERTAIN DIRECTIVES IN RELATION TO