THE COMMISSION, FOR THE OBJECT OF THE COMPETITION WAS TO MAKE AVAILABLE TO THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES A LIST OF CANDIDATES SUITABLE FOR SUBSEQUENT ENGAGEMENT AND NOT TO EMBARK FORTHWITH ON THE RECRUITMENT OF STAFF . MOREOVER, THE RESULTS OF THE COMPETITION WERE NOT KNOWN UNTIL SOME MONTHS AFTER THE DATE WHEN THE APPLICANT WAS ENGAGED, WHICH RULES OUT ANY CAUSAL LINK BETWEEN, ON ONE HAND, THE HOLDING OF THE COMPETITION AND HIS TAKING PART IN IT AND, ON THE OTHER, HIS ENGAGEMENT .
THEREFORE, SINCE THE APPLICANT HAS NO CLAIM WHATSOEVER TO SECURITY OF TENURE, THERE IS NO POINT IN CONSIDERING WHETHER THE DESCRIPTIONS " EXPERT " OR " AUXILIARY " ACCURATELY REFLECT THE NATURE OF THE LEGAL RELATIONSHIP WHICH EXISTED BETWEEN THE PARTIES .
IN THESE CIRCUMSTANCES, CERTAIN MEASURES ADOPTED BY THE COMMISSION CONCERNING THE APPLICANT AND CERTAIN PRIVILEGES WHICH IT GRANTED TO HIM CANNOT BE USED TO LEND PERMANENCE TO THE CONTRACT OF EMPLOYMENT AT ISSUE SINCE THOSE MEASURES AND PRIVILEGES CANNOT CONFER ON THE SAID CONTRACT A TENOR AND MEANING WHICH ARE EXPRESSLY PROHIBITED BY ARTICLE 246 ( 3 ) OF THE TREATY .
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THERE IS, CONSEQUENTLY, NO BASIS FOR THE APPLICANT'S ARGUMENT THAT THE COMMISSION, BY ITS CONDUCT, ENCOURAGED HIM TO EXPECT SECURITY OF TENURE AND THEREBY COMMITTED A WRONGFUL ACT .
FINALLY, IT IS NOT POSSIBLE, IN THE PRESENT CASE, TO REPLY ON THE CASE-LAW OF THE COURT OF JUSTICE OF THE ECSC, WHICH HAS ACCEPTED THAT SERVANTS OF THE ECSC EMPLOYED PRIOR TO THE ENTRY IN FORCE OF THE STAFF REGULATIONS COULD EXPECT PERMANENT EMPLOYMENT, BECAUSE, UNLIKE ARTICLE 246 ( 3 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, THE LAST PARAGRAPH OF THE ARTICLE 7 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS DOES NOT REQUIRE EVERY CONTRACT OF EMPLOYMENT CONCLUDED BEFORE ENTRY INTO FORCE OF THE STAFF REGULATIONS TO BE OF LIMITED DURATION AND DOES NOT THEREBY PRECLUDE THE RELATIONSHIP WHEREBY THE EMPLOYEE HAS SOME SECURITY AND ENJOYS THE EXPECTION OF THE BENEFIT OF THE STAFF REGULATIONS .
SUBMISSION CONCERNING MISUSE OF POWERS
THE APPLICANT CONTENDS THAT, FAR FROM HAVING BEEN TAKEN IN THE INTERESTS OF THE SERVICE, OR AT LEAST SUBSTANTIALLY ON THOSE GROUNDS, THE DECISION OF DISMISSAL WAS THE CONSEQUENCE OF AN ARTICLE WHICH HE HAD PUBLISHED IN THE AMSTERDAM ALGEMEEN HANDELSBLAD OF 14 FEBRUARY 1959 AND IN WHICH EMPHASIS WAS LAID ON THE UNCERTAIN FUTURE OF TRANSLATORS IN THE LANGUAGE SERVICE OF THE COMMISSION, AND THAT, AS THE DECISION AT ISSUE WAS, BY VIRTUE OF THIS, A DISGUISED DISCIPLINARY MEASURE, IT IS VITIATED BY MISUSE OF POWERS IN REGARD TO HIM .
AS EVIDENCE THAT THIS COMPLAINT IS JUSTIFIED, THE APPLICANT ASKED THE COURT TO CALL WITNESSES TO PROVE :
( A ) " THAT MR GUMMERER, HEAD OF THE LANGUAGE SERVICE, ASSURED THE APPLICANT THAT HE FOUND NOTHING TO CRITICIZE IN HIS WORK AND THAT NOTHING WOULD HAVE HAPPENED TO HIM IF IT HAD NOT BEEN FOR PUBLICATION OF THE AFOREMENTIONED ARTICLE