AND BE ASSIGNED BY THE LATTER TO THE JOINT UNDERTAKING ". NEITHER THAT PROVISION NOR ANY OTHER PROVISION OF ARTICLE 8 STATES THAT STAFF MADE AVAILABLE TO JET BY A MEMBER ORGANIZATION MAY NOT BE RECRUITED BY THAT ORGANIZATION AFTER SELECTION BY JET . A CANDIDATE RECRUITED BY THE UKAEA AND MADE AVAILABLE TO JET IS IPSO FACTO COVERED BY ARTICLE 8.4 OF THE STATUTES : HE CANNOT THEREFORE CLAIM TO HAVE BEEN RECRUITED AS A TEMPORARY SERVANT OF THE COMMUNITIES AS "OTHER PERSONNEL" PURSUANT TO ARTICLE 8.5 .
23 IT IS TRUE THAT THE PROVISIONS OF ARTICLES 8.1 AND 8.5 OF THE STATUTES, WHICH PROVIDE THAT THE PROJECT TEAM IS TO BE COMPOSED OF "OTHER PERSONNEL" BESIDES STAFF FROM MEMBERS OF THE JOINT UNDERTAKING, HAVE IN FACT HAD NO PRACTICAL CONSEQUENCE . HOWEVER, AS THE COUNCIL AND THE COMMISSION HAVE POINTED OUT, THE LIMITED LIFE ACCORDED TO THE JET JOINT UNDERTAKING IN ARTICLE 1 OF COUNCIL DECISION NO 78/471 AND THE CONCERN TO ENSURE THAT ALL THE MEMBERS OF THE JET STAFF ARE GUARANTEED EMPLOYMENT AT THE END OF THE PROJECT HAVE LED THE JET MANAGEMENT TO GIVE PREFERENCE TO THE SOLUTION OF HAVING STAFF MADE AVAILABLE BY THE MEMBERS OF THE JOINT UNDERTAKING AND REQUIRING EVERY CANDIDATE TO FIND A MEMBER ORGANIZATION WHICH WILL AGREE TO MAKE HIM AVAILABLE TO JET . SUCH A POLICY, WHICH MEETS THE REQUIREMENTS OF GOOD ADMINISTRATION, DOES NOT CONTRAVENE ANY PROVISION OF THE STATUTES AND CANNOT BE REGARDED AS UNLAWFUL .
24 THE FIRST PART OF THE APPLICANTS' ARGUMENT CANNOT THEREFORE BE ACCEPTED .
25 HOWEVER, THE APPLICANTS SUBMIT IN THE SECOND PLACE THAT THE JET MANAGEMENT DID NOT JUST REQUIRE CANDIDATES OF BRITISH NATIONALITY TO BE MADE AVAILABLE BY ANY OF THE MEMBER ORGANIZATIONS OF THE JOINT UNDERTAKING BUT ALSO OBLIGED THEM TO APPLY FOR THAT PURPOSE EXCLUSIVELY TO THE UKAEA . IN THEIR VIEW, THIS PRACTICE IS INVALIDATED BY DISCRIMINATION ON GROUNDS OF NATIONALITY, SUCH DISCRIMINATION BEING PROHIBITED BY COMMUNITY LAW .
26 AS FAR AS THIS POINT IS CONCERNED, THE APPLICANTS' ARGUMENT MUST BE ACCEPTED . AS THE COMMISSION ITSELF RECOGNIZED DURING THE ORAL PROCEDURE, THE OBLIGATION THUS IMPOSED SOLELY ON BRITISH CANDIDATES IS DISCRIMINATORY AND HAS NO OBJECTIVE JUSTIFICATION .
27 HOWEVER, IT REMAINS TO EXAMINE WHETHER THAT UNLAWFUL PRACTICE WAS IN FACT THE REASON FOR SOME OF THE CONTESTED DECISIONS REFUSING RECRUITMENT WHICH, ACCORDING TO THE APPLICANTS, WERE RENDERED UNLAWFUL BY THAT PRACTICE . IT SHOULD BE OBSERVED IN THIS REGARD THAT IN REPLY TO A QUESTION ASKED BY THE COURT NOT ONE OF THE APPLICANTS ESTABLISHED OR EVEN CLAIMED THAT IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THE JET MANAGEMENT HE WAS INDUCED TO FORGO A CHANCE OF BEING MADE AVAILABLE TO THE UNDERTAKING BY A MEMBER ORGANIZATION OTHER THAN THE UKAEA AND CONSEQUENTLY OF BEING RECRUITED AS A TEMPORARY SERVANT OF THE COMMUNITIES PURSUANT TO ARTICLE 8.5 OF THE STATUTES .
28 CONSEQUENTLY, IT MUST BE ACCEPTED THAT THE DISCRIMINATORY PRACTICE DESCRIBED ABOVE HAS