JUDGMENT OF' 28.4.1983 — CASE 143/82 LIPMAN v COMMISSION

In Case 143/82

An order that all necessary measures of inquiry be adopted in order to determine whether or not the selection board had regard to the relevance of practical experience in relation to the officials who were candidates for the said Competition No COM/A/325, THE COURT (Third Chamber) composed of: U. Everling, President of Chamber, Lord Mackenzie Stuart and Y. Galmot, Judges, Advocate General: P. VerLoren van Themaat Registrar: H. A. Rühl, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Summary of the facts

II — Written procedure and conclusions of the parties

III — Submissions and arguments of the parties

1. The interpretation to be given to the provision of the notice of competition concerning the requirement of experience

2. Failure to observe Article 5 (3) of the Staff Regulations of Officials

3. Breach of general principles of law

IV — Oral procedure

Decision

I — Claim for the annulment of the decision refusing to admit the applicant to the competition

1. Submission that the provision in the notice of competition relating to the requirement of experience should be given a wide interpretation.

2. Submission based on the failure to observe Article 5 (3) of the Staff Regulations of Officials

3. Submission relating to the breach of the principle of equality

4. Submission on the disregard of the principle of proportionality

II — Claim that the Commission should be ordered to re-open, as regards Mr Lipman, the procedure for Competition No COM/A/325

Costs

1 Translator's note: There is no translation of this word in the English version of the notice of competition.