OPINION OF MR REISCHL — CASE 30/76 KÜSTER v PARLIAMENT

Mr President,

Members of the Court,

The case on which I am giving my opinion today follows on Case 77/74 brought by the same applicant against the European Parliament ([1975] ECR 949). I therefore do not need to say much about the facts.

On 28 September 1973 the Parliament gave notice of a vacancy for a Head of Division (Grade A 3) in the Directorate-General of Research and Documentation. The post was not filled by a promotion or transfer but Internal Competition No A/45 was initiated on 23 November 1973. The applicant was among those who took part. However, he was not even included on the list of suitable candidates in the competition and accordingly did not obtain the appointment which went to a Mr K. The applicant however successfully attacked the appointment in Case 77/74.

The Parliament did not thereupon order a new recruitment procedure and a new competition. It relied instead on the list of suitable candidates drawn up by the Selection Board in Case A/45. By decision of the President of the Parliament of 15 September 1975 the official W. who had been placed seventh on the list was promoted Head of Division in Grade A 3 with effect from 1 October 1975.

The applicant does not consider this procedure valid. He therefore sent a formal complaint to the appointing authority on 24 October 1975. He claimed in it that the Parliament had not correctly executed the judgment in Case 77/74 according to which the whole recruitment procedure needed to be examined and begun again. Fruther the applicant gave details of the defects he alleged in the competition. Finally he demanded that the appointment of the official W. should be annulled and he himself appointed Head of Division, if necessary after another competition.

Since he did not receive an answer within the prescribed period on 18 March 1976 he lodged the present application in which he makes three claims — that the Court should:

In my view the following may be said on this:

1 Translated from the German.