JUDGMENT OF 9. 2. 1984 — JOINED CASES 316/82 AND 40/83 KOHLER v COURT OF AUDITORS

In Joined Cases 316/82 and 40/83

THE COURT (Third Chamber), composed of: Y. Galmot, President of Chamber, U. Everling and C. Kakouris, Judges, Advocate General: S. Rozès Registrar: P. Heim

gives the following

JUDGMENT

Facts and Issues

I — Facts

II — Written procedure

III — Conclusions of the parties

IV — Submissions and arguments of the parties

1. Case 316/82

Admissibility

Substance

Infringement of an essential procedural requirement

Breach of the principle prohibiting the appointing authority from overturning the decision of the selection board

Failure to comply with the terms of the vacancy notice

Breach of the principle of equality

Misuse of powers

Preparatory inquiry

2. Case 40/83

Admissibility

Substance

Infringement of essential procedural requirements

(a) Incorrect, or at least inadequate, statement of reasons

(b) Communication made out of time

Discrimination

Misuse of power

Preparatory inquiries

V — Oral procedure

Decision

A — Case 316/82

Admissibility

Substance

Statement of reasons

B — Case 40/83

Admissibility

Costs