S FUNCTION IS SOLELY TO EXAMINE WHETHER THE ASSESSMENT OF THE MERITS OF THE VARIOUS CANDIDATES AND THE METHODS OF ASSESSMENT USED BY THE AD HOC COMMITTEE ARE VITIATED BY MANIFEST ERROR ( SEE THE JUDGMENT OF 16 JUNE 1987 IN CASE 40/86 KOLIVAS V COMMISSION (( 1987 )) ECR 2643 ). HOWEVER, THE AD HOC COMMITTEE IS NOT OBLIGED BY ANY PROVISION OF THE PROCEDURES OR ANY GENERAL PRINCIPLE TO REVEAL IN THE REPORT ON ITS WORK THE DETAILS OF THE METHODS OF ASSESSMENT USED .
32 IN THIS RESPECT IT APPEARS FROM THE DOCUMENTS PLACED IN EVIDENCE THAT EACH OF THE CANDIDATES WAS AWARDED A MARK AFTER EACH OF THE TWO INTERVIEWS . THE MARK FOR THE FIRST INTERVIEW WAS WEIGHTED BY THE AWARD OF A BONUS FOR CANDIDATES WHO COULD SUBMIT "GOOD" OR "EXCELLENT" PUBLICATIONS . THIS MARK COUNTED FOR ONE-THIRD AND THE MARK FOR THE SECOND INTERVIEW COUNTED FOR TWO-THIRDS OF THE FINAL MARK .
33 IT DOES NOT APPEAR THAT THOSE METHODS OF ASSESSMENT WERE VITIATED BY ANY MANIFEST ERROR CAPABLE OF IMPAIRING THE EQUAL TREATMENT OF CANDIDATES OR A CORRECT EVALUATION OF THEIR MERITS . THE SUBMISSION MUST THEREFORE BE DISMISSED .
THE QUESTIONNAIRE SENT TO THE CANDIDATES' SUPERIORS
34 THE APPLICANTS MAINTAIN FIRST OF ALL THAT THE COMMITTEE WAS NOT ENTITLED TO SEND A QUESTIONNAIRE TO THE CANDIDATES' SUPERIORS SINCE SECTION III ( 2 ) OF THE PROCEDURES PROVIDED ONLY FOR "WHERE APPROPRIATE, A PERSONAL INTERVIEW WITH THE CANDIDATE AND/OR HIS SUPERIORS TO OBTAIN ADDITIONAL INFORMATION ". SECONDLY, THEY ARGUE THAT NO ACCOUNT SHOULD HAVE BEEN TAKEN OF THESE QUESTIONNAIRES WITHOUT THE CANDIDATES BEING GIVEN AN OPPORTUNITY TO DISCUSS THEIR CONTENT .
35 AS REGARDS THE FIRST PART OF THE SUBMISSION, IT IS APPARENT FROM THE WORDING OF SECTION III ( 2 ) ( A ) OF THE PROCEDURES THAT THE PURPOSE OF THOSE PROVISIONS IS TO ALLOW THE COMMITTEE TO ADD TO THE CANDIDATES' FILES INFORMATION OBTAINED INTER ALIA FROM THEIR SUPERIORS . THE COMMITTEE DID NOT MISINTERPRET THOSE PROVISIONS BY TAKING THE VIEW THAT A STANDARD-FORM QUESTIONNAIRE SENT TO THE SUPERIORS OF THE PERSONS CONCERNED COULD BE REGARDED AS PROVIDING GUARANTEES EQUIVALENT TO AN INTERVIEW WITH THEM .
36 AS REGARDS THE SECOND PART OF THE SUBMISSION, THE COURT HAS HELD IN RELATION TO A COMPETITION THAT IF A SELECTION BOARD IS TO BASE ITS JUDGMENT ON FACTORS SUCH AS INFORMATION AND OPINIONS OBTAINED FROM CANDIDATES' SUPERIORS THE CANDIDATES MUST FIRST HAVE BEEN GIVEN THE OPPORTUNITY OF STATING THEIR VIEWS ON THE OPINIONS EXPRESSED BY THEIR SUPERIORS ( SEE THE JUDGMENT OF 11 MARCH 1986 IN CASE 294/84 ADAMS AND OTHERS V COMMISSION (( 1986 )) ECR 977 ). HOWEVER, THE FAILURE TO OBSERVE THAT FORMALITY IN THE PRESENT CASE WAS NOT SUCH AS TO VITIATE THE SELECTION PROCEDURE . IT IS APPARENT FROM THE FILE AND FROM THE ARGUMENT BEFORE THE COURT THAT THE REPLIES OF THEIR SUPERIORS WERE ALL FAVOURABLE TO THE APPLICANTS AND STATED THAT THEY HAD THE