THE COMMUNITIES ' AND ' THE FACT THAT SOME CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES MAY ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS WHICH ARE NOT GIVEN TO OTHER CATEGORIES CANNOT , THEREFORE , BE REGARDED AS DISCRIMINATION ' ( PARAGRAPH 22 OF THE JUDGMENT OF 6 OCTOBER 1983 IN CELANT ).
31 MOREOVER , THE COURT CLEARLY EMPHASIZED IN PARAGRAPH 27 OF THAT JUDGMENT THAT THE COMMUNITY LEGISLATURE CANNOT BE REPROACHED FOR FAILING IN 1976 TO TRANSFORM ESTABLISHMENT STAFF INTO TEMPORARY STAFF RETROACTIVELY , PARTICULARLY AS REGARDS AFFILIATION TO THE COMMUNITY PENSION SCHEME , AND THAT ' THE ONLY MACHINERY COMPATIBLE WITH SOUND FINANCIAL MANAGEMENT OF THE COMMUNITY PENSION SCHEME IN THE EVENT OF RETROACTIVE RECOGNITION OF PERIODS OF INSURANCE IS THE APPLICATION OF ARTICLE 11 OF ANNEX VIII TO THE STAFF REGULATIONS ' .
32 MOREOVER , AS REGARDS CASES IN WHICH THE CALCULATION OF THE COMMUNITY PENSION IS BASED ON THE TRANSFER OF THE ACTUARIAL EQUIVALENT , AS IS PERMITTED BY ARTICLE 11 ( 2 ) OF ANNEX VIII , THE COURT HAS EXPRESSLY DECLARED THAT , ' SINCE THE ESTABLISHMENT OF THE ACTUARIAL EQUIVALENT BY THE ORIGINAL SOCIAL SECURITY INSTITUTION AND ITS RE ASSESSMENT ON THE BASIS OF THE RULES APPLICABLE UNDER THE COMMUNITY ' S PENSION SCHEME ARE BASED ON DIFFERENT PARTICULARS AND CONSIDERATIONS REGARDING THE HISTORY OF THOSE CONCERNED , THEIR FUTURE PROSPECTS , THE AMOUNT OF CONTRIBUTIONS AND THE NATURE AND AMOUNT OF BENEFITS , IT DOES NOT SEEM ABNORMAL THAT THE DETERMINATION OF THE YEARS OF PENSIONABLE SERVICE TO BE TAKEN INTO ACCOUNT FOR THE COMMUNITY PENSION LEADS TO A DIFFERENT FIGURE FROM THE YEARS OF PENSIONABLE SERVICE TAKEN INTO ACCOUNT BY THE NATIONAL INSTITUTION ' .
33 IT IS THEREFORE APPARENT THAT THE LEGAL POSITION OF THE APPLICANTS WITH REGARD TO THE CALCULATION OF THE COMMUNITY PENSION IS IN NO WAY COMPARABLE TO THAT OF MEMBERS OF STAFF WHO ACQUIRED THE STATUS OF TEMPORARY SERVANTS ON ENTERING THE SERVICE . CONSEQUENTLY , THE APPLICANTS CANNOT HAVE SUFFERED DISCRIMINATION . THEIR SECOND SUBMISSION MUST THEREFORE BE REJECTED .
34 FURTHER , THE APPLICANTS COMPLAIN THAT THE COMMISSION TOOK INTO CONSIDERATION NOT ONLY THE BASIC SALARY APPLICABLE IN OCTOBER 1976 BUT ALSO THE WEIGHTING PROVIDED FOR IN ARTICLE 65 OF THE STAFF REGULATIONS ( AMOUNTING TO 157.8% AT THE TIME ) IN THE MATHEMATICAL FORMULA WHICH IT USED FOR CALCULATING THE NUMBER OF YEARS OF PENSIONABLE SERVICE TO BE TAKEN INTO ACCOUNT FOR THE COMPUTATION OF THE COMMUNITY PENSION . THEY MAINTAIN THAT THE APPLICATION OF THAT WEIGHTING HAD THE EFFECT , IN THE FIRST PLACE , OF SIGNIFICANTLY REDUCING THE PERIOD OF PENSIONABLE SERVICE , INASMUCH AS THE COEFFICIENT AND THE BASIC SALARY FORM PART OF THE DENOMINATOR IN THE MATHEMATICAL FORMULA APPLIED BY THE COMMISSION , AND SECONDLY OF DISCRIMINATING AGAINST THE APPLICANTS IN FAVOUR OF MEMBERS OF STAFF WHO HAVE ENJOYED THE STATUS OF TEMPORARY SERVANTS SINCE ENTERING THE SERVICE , INASMUCH AS THE CONTRIBUTIONS PAID