OF THE CANDIDATES . HOWEVER , THAT IRREGULARITY COULD BE CURED BY FURTHER CONSIDERATION OF THE MATTER . IT MUST THEREFORE BE DETERMINED WHETHER , AS IT ASSERTS , THE COMMISSION DID RE-EXAMINE THE MATTER IN OCTOBER 1984 AND IN SO DOING TAKE INTO ACCOUNT ALL RELEVANT FACTORS , SINCE THE LEGALITY OF THE DECISION OF 24 OCTOBER 1984 CANNOT BE PLACED IN QUESTION SOLELY BECAUSE ITS CONTENT IS IDENTICAL TO THAT OF THE PREVIOUS DECISION WHOSE PREPARATION DID NOT FOLLOW THE CORRECT PROCEDURE .
21 IN REPLY TO A QUESTION PUT BY THE COURT THE DEFENDANT HAS STATED IN THAT REGARD THAT THE MEMBERS OF THE COMMISSION AND THEIR STAFF HAD THE OPPORTUNITY OF EXAMINING THE PERSONAL FILES OF THE CANDIDATES FOR SEVERAL DAYS PRIOR TO 24 OCTOBER 1984 AND THAT ON THAT DATE THE SECRETARIAT GENERAL HELD ALL THE FILES IN QUESTION AT THEIR DISPOSAL . IT ALSO STATED THAT AT ITS MEETING ON 24 OCTOBER 1984 THE COMMISSION ASCERTAINED THAT THE APPLICANT ' S PERIODICAL REPORT WAS NOW ON HIS PERSONAL FILE , CARRIED OUT A FURTHER EXAMINATION OF THE WHOLE MATTER AND DECIDED , ON THE PROPOSAL OF THE MEMBER OF THE COMMISSION RESPONSIBLE FOR PERSONNEL AND ADMINISTRATION , TO CONFIRM THE APPOINTMENT OF MR DUBOIS .
22 IN THE LIGHT OF THAT INFORMATION IT CANNOT BE CONCLUDED THAT THE DECISION OF 24 OCTOBER 1984 WAS NOT PRECEDED BY A FURTHER EXAMINATION OF THE MATTER AND THAT IT WAS THEREFORE IMPROPERLY MADE .
23 THAT CLAIM MUST THEREFORE ALSO BE REJECTED .
ERROR OF ASSESSMENT
24 WITH REGARD TO THE CLAIM BASED ON AN ALLEGED ERROR OF ASSESSMENT , THE APPLICANT ARGUES THAT THE OFFICIAL APPOINTED TO THE VACANT POST HAD NEITHER GREATER SENIORITY IN THE SERVICE NOR GREATER SENIORITY IN GRADE ; NOR HAS THAT OFFICIAL BEEN THE OBJECT OF MORE FAVOURABLE REPORTS THAN THE APPLICANT . FURTHERMORE , THAT OFFICIAL ' S HEALTH FREQUENTLY OBLIGES HIM TO BE ABSENT FROM WORK , WHICH SUGGESTS THAT THE DECISON TO APPOINT HIM DISREGARDED THE INTERESTS OF THE SERVICE .
25 THE COMMISSION REPLIES THAT IT TOOK INTO ACCOUNT ALL THE QUALIFICATIONS REQUIRED FOR THE DUTIES IN QUESTION , IN PARTICULAR THE CANDIDATES ' QUALITIES OF LEADERSHIP , THEIR SENSE OF INITIATIVE AND THEIR ORGANIZATIONAL ABILITIES . THAT ASSESSMENT LED IT TO CHOOSE MR DUBOIS , WHOSE PERIODICAL REPORTS ARE EQUIVALENT TO THOSE OF THE APPLICANT AND WHOSE SENIORITY IS ONLY SLIGHTLY LESS THAN THAT OF THE APPLICANT . AS FOR MR DUBOIS ' S HEALTH , THE COMMISSION DENIES THAT IT IS SUCH AS TO PREVENT HIM FROM CARRYING OUT HIS DUTIES AS HEAD OF DIVISION .
26 IT MUST BE POINTED OUT THAT , AS THE COURT HELD IN ITS JUDGMENT OF 3 DECEMBER 1981 ( CASE 280/80 BAKKE-D ' ALOYA V COUNCIL ( 1981 ) ECR 2887 ), IN ORDER TO EVALUATE THE INTERESTS OF THE SERVICE AND THE MERITS TO BE TAKEN INTO ACCOUNT IN CONNECTION WITH THE DECISION PROVIDED FOR IN ARTICLE