HIS APPOINTMENT TO THE DISPUTED POST MR LENOCH CARRIED OUT TERMINOLOGICAL AND LEXICOGRAPHICAL DUTIES WHICH INCLUDED IN PARTICULAR THE PREPARATION OF MULTI-LINGUAL GLOSSARIES PROVIDING THE EXACT TRANSLATION OF HIGHLY TECHNICAL TERMS OR EXPRESSIONS, LIKELY TO CAUSE DIFFICULTY IN CURRENT TRANSLATION .
15 IN THOSE CIRCUMSTANCES THE DEFENDANT COULD PROPERLY CONSIDER THAT THE PERSON CONCERNED HAD " WIDE EXPERIENCE OF TRANSLATION ".
16 WITH REGARD TO LINGUISTIC KNOWLEDGE, MR LENOCH' S SUPERIORS CLASSIFIED THIS AS " VERY GOOD ".
17 LASTLY THE LETTER OF THE PRESIDENT OF THE COMMISSION OF 23 MARCH 1970 STATES THAT " CLOSE EXAMINATION OF THE CANDIDATURE FILES HAS LED TO THE CONCLUSION THAT AMONG ALL THE CANDIDATES MR LENOCH IS THE MOST FITTED TO CARRY OUT THE DUTIES ATTACHING TO THE POST IN QUESTION, BASED UPON HIS UNIVERSITY EDUCATION AND HIS PROFESSIONAL EXPERIENCE ".
18 AS PROFESSIONAL EXPERIENCE IS THUS MENTIONED UNDER THE SAME HEADING AS UNIVERSITY EDUCATION, IT IS NOT POSSIBLE TO DEDUCE FROM THIS LETTER THAT THE DEFENDANT CHOSE MR LENOCH FOR THE SOLE REASON THAT HE HAD A UNIVERSITY EDUCATION .
19 NEVERTHELESS NOTHING PREVENTED THE DEFENDANT FROM CHOOSING THE CANDIDATE WHOM IT CONSIDERED TO HAVE, POSSIBLY OWING TO HIS UNIVERSITY STUDIES, THE HIGHEST INTELLECTUAL LEVEL, CONSIDERED IN RELATION TO THE REQUIREMENTS OF THE POST TO BE FILLED .
20 IT FOLLOWS FROM ALL THE FOREGOING THAT THE SUBMISSION MUST BE REJECTED .
THE THIRD SUBMISSION
21 THE APPLICANT ALLEGES FURTHER THAT FOR SEVERAL REASONS THE PROCEDURE WHICH LED TO THE APPOINTMENT OF MR LENOCH IS VITIATED BY ILLEGALITY .
22 1 . THE APPLICANT POINTS OUT FIRST OF ALL THAT THE MEMBERS OF THE COMMISSION CAME TO THEIR DECISION ON THE BASIS OF INCOMPLETE INFORMATION .
23 WITH REGARD TO THE SENIORITY OF EACH CANDIDATE THEY WERE INFORMED ONLY OF THAT OF MR LENOCH, TO THE EXCLUSION OF THE SENIORITY OF THE OTHER CANDIDATES INCLUDING THE APPLICANT .
24 IT IS TRUE THAT THE " MEMORANDUM FOR THE MEMBERS OF THE COMMISSION " PREPARED BY THE SECRETARIAT OF THAT INSTITUTION AND DATED 3 JULY 1969 MENTIONED ONLY MR LENOCH' S SENIORITY .
25 HOWEVER, THAT FACT IS EASILY EXPLAINED IN THAT, AS MR LENOCH WAS THE ONLY CANDIDATE WHO COULD HAVE ACCEDED TO THE DISPUTED POST SOLELY BY PROMOTION, IT APPEARED PROPER TO SPECIFY THAT HE HAD THE MINIMUM SENIORITY IN HIS GRADE REQUIRED FOR THE PURPOSE OF PROMOTION BY THE SECOND SUBPARAGRAPH OF ARTICLE 45 ( 1 ) OF THE STAFF REGULATIONS OF OFFICIALS .
26 FURTHER, THE ABOVEMENTIONED MEMORANDUM INDICATED " THAT THE PERSONAL FILES OF ALL THE CANDIDATES ARE HELD AT THE DISPOSAL OF THE MEMBERS OF THE COMMISSION BY THE DIRECTORATE-GENERAL OF PERSONNEL AND ADMINISTRATION ".
27 CONSEQUENTLY, AS THE SAID FILES SHOWED THE SENIORITY OF EACH CANDIDATE, IT CANNOT BE CLAIMED THAT THE ADMINISTRATION HAD MADE IT IMPOSSIBLE FOR THE APPOINTING AUTHORITY TO TAKE THIS FACTOR INTO ACCOUNT .
28 THIS COMPLAINT MUST THEREFORE BE REJECTED .
29 2 . THE APPLICANT COMPLAINS OF THE FACT THAT