Opinion of Mr Advocate General Gulmann delivered on 13 December 1991

1 Original language: Danish.

2 Case T-133/89 [1990] ECR 245.

3 The Court of Justice has often stated that it is the applicants and not the selection board who must produce the necessary evidence on the basis of which the selection board can decide whether the applicants fulfil the material conditions for taking part in a competition, for example in its judgment in Case 225/87 Belardinelli and Others v Court of Justice [1989] ECR 2353, at p. 2384.

4 Judgment in Case 162/84 Vlachou v Court of Auditors [1986] ECR 481, at p. 491.

5 Judgment in Case 2/80 Dautzenberg v Court of Auditors[1980] ECR 3107, at p. 3121.

6 Case 321/85 Schwiering v Court of Auditors [1986] ECR 3199.

7 Case 417/85 Maurissen v Court of Auditors [1987] ECR 551.

8 Case 74/77 Allgayer v Parliament [1978] ECR 977. In that case a selection board in an open competition on the basis of qualifications and tests in the Parliament refused to allow a candidate who was an official at the Commission to take part in the written tests. The reason given was that on the hasis of the evidence of qualifications which the official had forwarded the selection board was unable to award her the necessary number of points as required in the notice of competition in order for her to be allowed to take part in the written tests. The official asked to be allowed to submit additional evidence of qualifications. In paragraph 9 the Court stated: The applicant understood that she had to lodge a full application and thus enclosed superfluous documents such as a copy of her school-leaving certificate and of her junior high school diploma which she obviously possessed in view of her university degree. In the case of a competition based on qualifications, owing to the nature of such a competition, the evidence of candidates' qualifications must be enclosed with the application form, without its being necessary for the selection board to call upon candidates to produce such evidence. The applicant has only herself to blame for not having enclosed with her application form the certificates which she forwarded later and she must suffer the consequences. It is, moreover, necessary to point out that according to the objective criteria on which the selection board decided to base its assessment of the qualifications of candidates, those certificates would not have been taken into consideration.