In the present case, although it is clear from the pleas and forms of order set out above that the applicant is the unsuccessful party and that the Commission has applied for her to be ordered to bear the costs, it is also apparent that although the applicant had asked on several occasions for information about her, concerning her written tests (b) and (c), following the procedure laid down in Section D.4 of the notice of competition, and had received several communications from EPSO stating that the documents requested were attached to them, EPSO did not grant the request for information until 16 June 2010, that is to say, when the appl ...[+++]icant had already lodged her application.

In the present case, in her e-mail of 14 May 2009 the applicant asked for her written test (b) to be sent to her showing how it had been marked and the mark which the selection board had awarded her, and in her e-mail of 4 July 2009 she asked for her written test (c) to be sent to her, also showing how it had been marked and the mark which the selection board had awarded her.

It follows that, as regards the requests for information and documents, both the implied decision not to send the information requested concerning test (b), which took place on 14 June 2009 (‘the decision not to send written test (b)’), and the implied decision not to send the information requested concerning test (c), which was contained in the letter of 23 July 2009 (‘the decision not to send written test (c)’), in so far as that letter does not address the question of sending the information requested, are acts adversely affecting the applicant.

The French authorities pointed out in this connection that, of the 56 applications which did not form the subject matter of an approval decision, 21 were withdrawn, 13 led to no further action being taken and 22 were rejected.

(d) have access to legal remedies if no action is taken on a request for communication or, where appropriate, the communication, rectification or erasure referred to in paragraphs (b) and (c) above.

WHERE THE USE OF A CODE NUMBER MEANS THAT THE INFORMATION COMMUNICATED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 IS INADEQUATE , THE MEMBER STATES CONCERNED SHALL INDICATE THE NAME AND ADDRESS OF ANY FACTORY OR UNDERTAKING REQUESTED BY THE COMMISSION . REQUESTS FOR INFORMATION , INDICATING THE REASONS THEREFOR , AND THE REPLIES THERETO SHALL BE SUBMITTED IN WRITING .