1 . OFFICIALS - PROMOTION - DISCRETION OF THE APPOINTING AUTHORITY - REVIEW BY THE COURT - LIMITS
( STAFF REGULATIONS OF OFFICIALS , ART . 45 )
2 . OFFICIALS - EMPLOYMENT - POSTS IN GRADES C 3/C 2 - REQUIREMENT OF SHORTHAND PROFICIENCY - PERMISSIBILITY
( STAFF REGULATIONS OF OFFICIALS , ANNEX I )
3 . OFFICIALS - PROMOTION - CONDITION - SHORTHAND PROFICIENCY - TYPIST APPOINTED TO A POST FOR WHICH THE FIRST WORKING LANGUAGE IS NOT THE MOTHER TONGUE ( A NON-COMMUNITY LANGUAGE ) - OBLIGATION TO TAKE INTO ACCOUNT SHORTHAND SKILLS IN MOTHER TONGUE - ABSENCE - PRINCIPLE OF EQUALITY OF TREATMENT - LACK OF RELEVANCE
( STAFF REGULATIONS OF OFFICIALS , ART . 45 )
1 . IN ORDER TO EVALUATE THE INTERESTS OF THE SERVICE AND THE MERITS TO BE TAKEN INTO ACCOUNT IN CONNECTION WITH THE DECISION ON PROMOTION PROVIDED FOR IN ARTICLE 45 OF THE STAFF REGULATIONS , THE APPOINTING AUTHORITY HAS A WIDE DISCRETION AND IN THAT RESPECT THE COURT ' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER , REGARD BEING HAD TO THE BASES AND PROCEDURES AVAILABLE TO THE ADMINISTRATION FOR ITS ASSESSMENT , IT HAS REMAINED WITHIN THE PROPER BOUNDS AND HAS NOT USED ITS AUTHORITY IN A MANIFESTLY INCORRECT MANNER .
2 . THE PRINCIPLE THAT KNOWLEDGE OF SHORTHAND IS REQUIRED FOR POSTS IN GRADES C 3/C 2 WHICH ARE DEFINED IN ANNEX I TO THE STAFF REGULATIONS AS POSTS OF SECRETARIES/SHORTHAND TYPISTS IS NOT OPEN TO CRITICISM .
3 . HAVING ONCE AGREED TO BE ASSIGNED TO A POST FOR WHICH THE FIRST WORKING LANGUAGE IS NOT THE MOTHER TONGUE , AN OFFICIAL WHO IS A TYPIST , IN PARTICULAR ONE WHO IS NOT A NATIONAL OF A MEMBER STATE , MAY NOT SEEK TO RELY ON THE PRINCIPLE OF EQUALITY OF TREATMENT TO HAVE THE MOTHER TONGUE TAKEN INTO ACCOUNT INSTEAD OF THAT FIRST WORKING LANGUAGE FOR THE PURPOSE OF THE ASSESSMENT OF SHORTHAND SKILLS IN CONNECTION WITH PROMOTION PROCEDURE .