Opinion of Mr Advocate General Darmon

Mr President,

Members of the Court,

1. For a summary of the facts I refer to Cases 322/85 and 323/85.

2. As in the two cases referred to above, the Court of Auditors contends that the application is admissible and well founded. It takes the view that the explanations given by the Board are not legally justified having regard to the conditions laid down in the Notice of Competition and expresses its surprise that the Board did not consider it necessary to alter its position in the light of the applicant's observations and the position clearly formulated by the appointing authority in its memorandum of 4 October 1985. Here again, the Court of Auditors expressed its regret that, according to the case-law of the Court, it cannot annul or amend the decisions of a Selection Board. On that point I would refer to my Opinion delivered today in Cases 322 and 323/85.

3. As regards the particular problem raised in this case, namely the question of supporting documents, in its judgment of 25 April 1978 in Case 74/77 Allgayer v Parliament [1978] ECR 977 the Court had to consider whether the submission of a copy of a diploma, which had not been certified as a true copy of the original, accompanying an application form in an open competition, was valid. The relevant notice stipulated that documents relating to diplomas and educational qualifications should be supplied in the form of copies certified as true copies of the original documents and it was even stated that photocopies which had not been certified as true copies would not be accepted. The Selection Board had nevertheless admitted the applicant to the tests. The Court held that:

1 Translated from the French.