4 NOVEMBER 1982 BY THE DIRECTOR GENERAL OF PERSONNEL THE GROUNDS FOR HIS DISMISSAL AND , ON THE OTHER HAND , TOOK THAT DECISION ON THE BASIS OF INSUFFICIENT OR NON-EXISTENT GROUNDS .
THE FAILURE TO STATE GROUNDS
18 WHILST ACCEPTING THAT ACCORDING TO THE COURT ' S CASE-LAW AND IN PARTICULAR THE JUDGMENT OF 26 FEBRUARY 1981 ( CASE 25/80 DE BRIEY ( 1981 ) ECR 637 ), THE GROUNDS FOR THE TERMINATION , IN PURSUANCE OF ARTICLE 47 ( 2 ) ( A ) OF THE CONDITIONS , OF THE CONTRACT OF A TEMPORARY EMPLOYEE APPOINTED FOR AN INDEFINITE PERIOD NEED NOT NECESSARILY BE STATED , REGARD BEING HAD TO THE DISCRETION WHICH THAT PROVISION CONFERS ON THE COMPETENT AUTHORITY , THE APPLICANT CONTENDS THAT HIS POSITION , AS DETERMINED BY THE VERY WORDS OF ARTICLE 4 OF HIS CONTRACT OF EMPLOYMENT ACCORDING TO WHICH THAT CONTRACT WAS CONCLUDED FOR ' ' AN INDEFINITE PERIOD ( ARTICLE 2 ( A ) OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS ) LINKED TO THE DURATION OF THE NUCLEAR INSPECTION PROGRAMME ' ' , IS NOT COMPARABLE TO THAT OF AN EMPLOYEE ENGAGED UNDER A ' ' PURE ' ' , CONTRACT FOR AN INDEFINITE PERIOD AND MUST BE ASSIMILATED , FOR THE DURATION OF THE PROGRAMME , TO THAT OF AN OFFICIAL WITHIN THE MEANING OF THE STAFF REGULATIONS . THE AFOREMENTIONED CASE-LAW IS NOT THEREFORE APPLICABLE TO HIM .
19 THAT ARGUMENT CANNOT BE UPHELD . THE FACT THAT THE COMMISSION EXPRESSLY STATED IN ARTICLE 4 OF THE CONTRACT THAT IT WAS BEING CONCLUDED FOR AN INDEFINITE PERIOD ( ARTICLE 2 ( A ) OF THE CONDITIONS ) LINKED TO THE DURATION OF THE NUCLEAR INSPECTION PROGRAMME CANNOT CHANGE THE TEMPORARY NATURE OF HIS APPOINTMENT . AS THE COMMISSION STATED DURING THE ORAL PROCEDURE , THE SENTENCE IN QUESTION SIMPLY MEANS THAT THE APPLICANT ' S POST WAS A TEMPORARY ONE BECAUSE THE BUDGETARY AUTHORITIES HAD SO DECIDED . AT THE TIME OF HIS APPOINTMENT , THE EURATOM SAFEGUARDS DIRECTORATE HAD EIGHT TEMPORARY POSTS AVAILABLE AND IT WAS PROPOSED TO ENGAGE , FOR THREE OF THOSE POSTS , THREE CANDIDATES WHO HAD BEEN SUCCESSFUL IN THE COMPETITION , AMONG THEM WAS THE APPLICANT .
20 UNDER THOSE CONDITIONS , THE CLAUSE IN THE CONTRACT ACCORDING TO WHICH ITS INDEFINITE DURATION IS ' ' LINKED TO THE DURATION OF THE NUCLEAR INSPECTION PROGRAMME ' ' MUST BE INTERPRETED AS MEANING THAT IT SERVES , ON THE ONE HAND , AS A JUSTIFICATION FOR HIS BEING APPOINTED AS A TEMPORARY EMPLOYEE AND , ON THE OTHER HAND , AS AN INDICATION TO THE EMPLOYEE CONCERNED OF THE FINAL DATE AT WHICH HIS CONTRACT WOULD EXPIRE .
21 IT FOLLOWS THEREFORE THAT THE FIRST PART OF THIS SUBMISSION CANNOT BE UPHELD .
ABSENCE OR INADEQUACY OF GROUNDS
22 THE APPLICANT CONTENDS THAT THE DECISION TO DISMISS HIM WAS BASED ON INADEQUATE GROUNDS , WHICH IS TANTAMOUNT TO BEING BASED ON NO