V BELGIUM (( 1980 )) ECR 3881, WHICH A POST MUST SATISFY IN ORDER FOR IT TO BE REGARDED AS EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE EEC TREATY ARE NOT FULFILLED IN THIS CASE . SIMPLY REFERRING TO THE GENERAL TASKS OF THE CNR AND LISTING THE DUTIES OF ALL ITS RESEARCHERS IS NOT SUFFICIENT TO ESTABLISH THAT THE RESEARCHERS ARE RESPONSIBLE FOR EXERCISING POWERS CONFERRED BY PUBLIC LAW OR FOR SAFEGUARDING THE GENERAL INTERESTS OF THE STATE . ONLY THE DUTIES OF MANAGEMENT OR OF ADVISING THE STATE ON SCIENTIFIC AND TECHNICAL QUESTIONS COULD BE DESCRIBED AS EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ). HOWEVER, IT HAS NOT BEEN ESTABLISHED THAT THOSE DUTIES WERE CARRIED OUT BY CNR RESEARCHERS .
10 AS TO THE ITALIAN GOVERNMENT' S ARGUMENT THAT IF FOREIGN RESEARCHERS WERE TO BECOME PART OF THE CNR' S PERMANENT STAFF, IT WOULD NOT BE POSSIBLE TO DENY THEM ACCESS, BY PROMOTION, TO THE HIGHER MANAGERIAL POSTS OF THAT BODY, IT IS SUFFICIENT TO POINT OUT THAT COMMUNITY LAW DOES NOT PROHIBIT A MEMBER STATE FROM RESERVING FOR ITS OWN NATIONALS THOSE POSTS WITHIN A CAREER BRACKET WHICH INVOLVE PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW OR THE SAFEGUARDING OF THE GENERAL INTERESTS OF THE STATE . HOWEVER, AS THE COURT HAS ALREADY STATED IN THE JUDGMENT OF 17 DECEMBER 1980, CITED ABOVE, THE POSSIBILITY THAT NATIONALS OF OTHER MEMBER STATES MIGHT BE EXCLUDED FROM PROMOTION OR TRANSFER TO CERTAIN POSTS MUST NOT
HAVE THE EFFECT OF DEBARRING THEM GENERALLY FROM POSTS WHICH ARE NOT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) OF THE TREATY .
11 FURTHERMORE, AS THE COURT HELD IN ITS JUDGMENT OF 12 FEBRUARY 1974 IN CASE 152/73 SOTGIU V DEUTSCHE BUNDESPOST (( 1974 )) ECR 153, EVEN IF EMPLOYMENT IN THE PUBLIC SERVICE WITHIN THE MEANING OF ARTICLE 48 ( 4 ) IS INVOLVED, THAT PROVISION CANNOT JUSTIFY DISCRIMINATORY MEASURES WITH REGARD TO REMUNERATION OR OTHER CONDITIONS OF EMPLOYMENT AGAINST WORKERS FROM OTHER MEMBER STATES ONCE THEY HAVE BEEN ADMITTED TO THE PUBLIC SERVICE .
12 IT THEREFORE FALLS TO BE DETERMINED WHETHER THE NON-APPLICATION OF THE PROVISIONS OF THE AFOREMENTIONED ITALIAN LAW NO 70 CONSTITUTES DISCRIMINATION CONTRARY TO ARTICLE 48 ( 2 ) OF THE TREATY AND TO ARTICLE 7 ( 1 ) AND ( 4 ) OF REGULATION NO 1612/68 .
13 IN THIS REGARD IT MUST BE OBSERVED THAT THE SITUATION OF RESEARCHERS WHO ARE NATIONALS OF OTHER MEMBER STATES IS DISCRIMINATORY BY COMPARISON WITH THAT OF ITALIAN RESEARCHERS, PARTICULARLY AS REGARDS JOB SECURITY, SINCE THEY ARE EMPLOYED BY THE CNR UNDER CONTRACTS OF LIMITED DURATION AND THEY HAVE NO GUARANTEE THAT THOSE CONTRACTS WILL BE RENEWED . MOREOVER, IT MUST BE NOTED THAT THE FACT THAT RESEARCHERS WHO ARE NATIONALS OF OTHER MEMBER STATES HAVE NO CAREER STRUCTURE MAKES IT IMPOSSIBLE FOR THEM