FOR THE COURT TO SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE DOCTORS ON QUESTIONS WHICH ARE SPECIFICALLY MEDICAL . BUT IT NONE THE LESS REMAINS FOR THE COURT , IN THE CONTEXT OF THE TASK , WHICH IS PECULIAR TO IT , OF REVIEWING WHETHER THE RECRUITMENT PROCEDURES HAVE FOLLOWED A LAWFUL COURSE AND THUS OF ASSESSING WHETHER THE CANDIDATE FULFILS THE CONDITIONS REQUIRED BY ARTICLE 28 ( E ) FOR THE PERFORMANCE OF HIS DUTIES , TO CONSIDER WHETHER IT HAS AVAILABLE TO IT ALL INFORMATION RELEVANT TO THE REACHING OF ITS DECISION .
15 IN THIS CASE THE MEDICAL PRACTITIONERS INSTRUCTED BY THE COMMISSION TO EXAMINE THE APPLICANT OBJECTED TO THE PRODUCTION OF THE APPLICANT ' S MEDICAL RECORDS . MOREOVER , WHEN THE COURT ORDERED THE APPEARANCE OF THE SAID PRACTITIONERS , THEY REFUSED TO GIVE ANY INFORMATION CONCERNING THE CONDUCT OF THE EXAMINATIONS CARRIED OUT BY THEM , RELYING ON THE CONFIDENTIALITY OF MEDICAL FINDINGS , EVEN THOUGH THE APPLICANT HAD FORMALLY RELEASED THEM FROM THE OBLIGATION TO OBSERVE IT .
16 IN REGARD TO THE PROTECTION OF THE CONFIDENTIALITY OF MEDICAL FINDINGS IN RECRUITMENT PROCEDURES THE COURT HAS ALREADY DECIDED IN ITS JUDGMENTS OF 27 OCTOBER 1977 AND 13 APRIL 1978 IN CASE 121/76 MOLI V COMMISSION OF THE EUROPEAN COMMUNITIES ( 1977 ) ECR 1971 AND CASE 75/77 MOLLET V COMMISSION OF THE EUROPEAN COMMUNITIES ( 1978 ) ECR 897 RESPECTIVELY THAT THE OBLIGATIONS TO STATE THE REASONS FOR A REFUSAL TO ENGAGE A CANDIDATE AS AN OFFICIAL ON GROUNDS OF PHYSICAL UNFITNESS MUST BE RECONCILED WITH THE REQUIREMENTS OF CONFIDENTIALITY WHICH , SAVE IN EXCEPTIONAL CIRCUMSTANCES , LEAVE THE INDIVIDUAL DOCTOR TO DECIDE WHETHER TO COMMUNICATE TO THOSE WHOM HE IS TREATING OR EXAMINING THE NATURE OF THE CONDITION FROM WHICH THEY MAY BE SUFFERING .
17 THE COURT ADDED THAT THAT RECONCILIATION IS NORMALLY EFFECTED THROUGH THE ABILITY OF THE PERSON CONCERNED TO REQUEST AND ENSURE THE COMMUNICATION TO A DOCTOR OF HIS CHOICE OF INFORMATION WHICH SHOULD IN PARTICULAR ENABLE THE PERSON CONCERNED , EITHER DIRECTLY OR THROUGH HIS DOCTOR , TO JUDGE WHETHER THE DECISION REFUSING HIS APPOINTMENT IS IN ACCORDANCE WITH THE PROVISIONS OF THE STAFF REGULATIONS .
18 IN THIS CASE IT APPEARS THAT THE INFORMATION COMMUNICATED TO THE CANDIDATE ' S OWN DOCTOR WAS SO SCANT THAT IT WAS NOT POSSIBLE FOR HIM TO ADVISE HER SATISFACTORILY OR FOR HER TO SEE TO THE DEFENCE OF HER INTERESTS . IN THESE CIRCUM STANCES THE COURT HAS BEEN OBLIGED TO CONSIDER THE QUESTION WHETHER THE DOCTORS IN THE CONFIDENCE OF THE COMMISSION MAY , BY RELYING ON THE CONFIDENTIALITY OF THEIR FINDINGS , PROPERLY REFUSE TO GIVE INFORMATION INDISPENSABLE TO THE CARRYING OUT OF A REVIEW OF THE LEGALITY OF THE COMMISSION ' S ACTIONS .
19 WITH A VIEW TO PREPARING AN ANSWER TO THAT QUESTION THE COURT REQUESTED THE COMMISSION TO DRAW UP A STUDY OF COMPARATIVE LAW ON THE QUESTION OF THE CONFIDENTIALITY OF