Opinion of Mr Advocate-general Mayras

Mr President,

Members of the Court,

I —. Mr Marcato is not unknown to the Court, which twice already has had occasion to consider his appeals against the Commission of the European Communities, whose service the applicant entered in 1958.

II —. We shall examine firstly the submissions in the application impugning the competition notice, that is to say impugning the decision by which the Commission decided to fill by competition four vacant posts for administrative assistants.

III —. It is now necessary to examine the legality of the Selection Board's decision not to admit Mr Marcato to the competition.

1. However, before examining this argument on its merits, let us note that the defendant casts doubt upon the admissibility of the arguments directed against the Selection Board's decision, without however entering a formal plea of non-admissibility, since on this point it submits to the discretion of the Court.

2. As for the reasoning on which the Selection Board's decision is based, this seems to me to be insufficient.

I invite you, therefore, to accept the same solution, without any need to examine the third plea in the application, and I urge the annulment of notice of competition COM/184/71, of the decision whereby the Selection Board for the said competition refused to admit the applicant, and, by way of consequence, the annulment of the appointments made as a result of the competition; and finally that the defendant pay the costs of the action.

1 Translated from the French.