30 MAY 1978 ( OFFICIAL JOURNAL L*151, P.*15 ), CREATED FOR A PERIOD OF 12 YEARS A JOINT UNDERTAKING, THE "JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING" ( HEREINAFTER REFERRED TO AS "JET ") WHOSE MEMBERS ARE, BESIDES THE HOST ORGANIZATION, THE UNITED KINGDOM ATOMIC ENERGY AUTHORITY ( HEREINAFTER REFERRED TO AS "THE UKAEA ") AND 12 OTHER RESEARCH ORGANIZATIONS OF EUROPEAN STATES . THE SEAT OF JET IS AT CULHAM IN THE UNITED KINGDOM .
4 THE STATUTES OF THE JOINT UNDERTAKING, ANNEXED TO COUNCIL DECISION NO 78/471/EURATOM, PROVIDE THAT JET IS NOT TO BE THE EMPLOYER OF THE STAFF COMPOSING THE PROJECT TEAM . SUCH STAFF, WHO COME UNDER THE ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF JET, ARE EMPLOYED EITHER BY THE UKAEA OR BY THE COMMISSION, DEPENDING ON THE CASE . ACCORDING TO ARTICLES 8.4 AND 8.5 OF THE STATUTES, STAFF COMING FROM THE UKAEA ARE TO REMAIN IN THE EMPLOYMENT OF THAT ORGANIZATION WHILST STAFF COMING FROM OTHER MEMBERS OF THE JOINT UNDERTAKING ARE TO BE RECRUITED BY THE COMMISSION TO FILL POSTS FOR TEMPORARY SERVANTS OF THE COMMUNITIES .
5 BY SEPARATE LETTERS SENT BETWEEN JULY 1983 AND JUNE 1984 TO THE DIRECTOR OF THE JOINT UNDERTAKING AND TO THE COMMISSION, THE APPLICANTS, WHO ARE BRITISH NATIONALS PREVIOUSLY RECRUITED BY THE UKAEA AND MADE AVAILABLE TO THE JOINT UNDERTAKING BY THAT INSTITUTION,
( I ) CALLED UPON THE COMMISSION UNDER THE SECOND PARAGRAPH OF ARTICLE 148 OF THE EAEC TREATY TO ENGAGE THEM AS TEMPORARY SERVANTS OF THE COMMUNITIES SECONDED TO THE JET PROJECT TEAM, AND
( II ) CALLED UPON THE JOINT UNDERTAKING AND/OR THE EUROPEAN COMMUNITIES TO COMPENSATE THEM FOR ALL PAST AND FUTURE PECUNIARY AND OTHER LOSSES ATTRIBUTABLE TO THE EMPLOYMENT STATUS WHICH THEY HAD BEEN ACCORDED AT THE TIME OF THEIR RECRUITMENT .
6 IN A STANDARD LETTER SENT TO EACH APPLICANT BETWEEN NOVEMBER 1983 AND NOVEMBER 1984 THE DIRECTOR OF THE JOINT UNDERTAKING INFORMED THEM THAT IT WAS NOT POSSIBLE TO GIVE FURTHER CONSIDERATION TO THEIR REQUEST ON THE GROUND THAT UNDER THE STATUTES OF JET "STAFF FROM THE UKAEA REMAIN ITS EMPLOYEES ".
7 IN THE APPLICANTS' VIEW, THAT LETTER MUST BE REGARDED AS THE COMMUNICATION OF THE DECISION ADOPTED BY THE COMMISSION IN THEIR REGARD AND THEY SEEK ITS ANNULMENT . IF, HOWEVER, THAT LETTER WAS NOT TO BE REGARDED AS THE COMMUNICATION OF SUCH A DECISION, THE APPLICANTS CLAIM THAT THE COMMISSION HAS FAILED TO REPLY TO THEIR REQUEST AND IN THE ALTERNATIVE ASK THE COURT TO DECLARE THAT THE COMMISSION HAS FAILED TO ACT .
8 THE COMMISSION AND THE COUNCIL HAVE RAISED OBJECTIONS TO THE ADMISSIBILITY OF THE APPLICATIONS AND IT IS NECESSARY FIRST OF ALL TO DECIDE THIS ISSUE .
ADMISSIBILITY
9 THE COMMISSION AND THE COUNCIL QUESTION IN THE FIRST PLACE THE COURT' S JURISDICTION TO ADJUDICATE ON THE APPLICATIONS . THEY CONTEND THAT THE COURT HAS JURISDICTION ONLY IF THE ACTS OF A JOINT UNDERTAKING CAN BE ASSIMILATED TO ACTS OF