10The Commission submits that the applicant cannot rely on a procedural irregularity which occurred before the contested decision, if he does not show that he would be in a more favourable position if that irregularity had not taken place (judgments of the Court of Justice in Case 115/73Serio v Commission [1974] ECR 341, in Case 9/76Morello v Commission [1976] ECR 1415 and in Case 124/75Perinciolo v Council [1976] ECR 1953). As it is, according to the Commission, the applicant would gain nothing from annulment of the contested decision since, not having obtained the minimum mark required in the test in which his paper was nullified, he would not in any event be admitted to the next test in competition COM/A/720 (the oral test). The Commission thus concludes that the applicant has not established any interest in contesting the legality of the decision by which his paper was annulled.