Opinion of Mr Advocate General Lenz

Mr President,

Members of the Court,

A. The applicant in the action which I am to consider today successfully took part in Open Competition No COM/A/301, organized by the Commission, and was therefore in August 1980 included on the list of successful candidates drawn up by the Selection Board. She subsequently took part in another open competition organized by the Commission, No COM/LA/331, in which she was again successful, and was accordingly placed on the list of successful candidates by the Selection Board in October 1981. At that time (more precisely, between September and December 1981), she was apparently, employed as a trainee in Directorate Generál XI of the Commission.

B. In my view that difference of opinion calls for the following remarks.

C. In conclusion, I propose for the reasons which I have set out above that the decision of 13 December 1982 should be annulled, in accordance with the applicant's claim, in so far as it classifies her in Grade A 7, Step 2, and that the Commission should be ordered to pay the costs.

1 Translated from tlic German.

2 Judgment of 12 July 1984 in Case 17/83 Angelidis v Commiliion [1984] ECR 2907.

3 Judgment of 15 January 1985 in Case 266/83 Samara v Commission [1985] ECR 196.

4 Judgment of 29 January 1985 in Case 273/83 Michel v Commission [1985] ECR 354.

5 Judgment of 29 January 1985 in Case 273/83 Michel v Commission [1985] ECR 354.

6 Judgment of 15 January 1985 in Case 266/83 Samara v Commission [1985] ECR 196.