JUDGMENT OF 15. 3. 1973 — CASE 37/72 MARCATO v COMMISSION

In Case 37/72

THE COURT (Second Chamber) composed of: P. Pescatore, President of Chamber, H. Kutscher (Rapporteur) and M. Sørensen, Judges, Advocate-General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

I — Nature of duties

I — Nature of duties

II — Conditions of admission to the competition

II — Submissions of the parties

III — Pleas and arguments of the parties

1. First plea: Infringement of Article 1 (1) (g) of Annex III of the Staff Regulations

2. Second plea: infringement of Article 25 of the Regulations and of Article 5 of Annex III

3. Third plea: Misuse of powers

Grounds of judgment

On the first plea

On the second plea

Costs