OF THE APPLICANT AN EXTENSION OF THIS PERIOD OF REMUNERATION FOLLOWING HIS SUSPENSION FROM HIS POST CANNOT BE REGARDED AS A REVOCATION OF A FORMALLY WORDED DISMISSAL .
34 THE SUBMISSION MUST THEREFORE BE REJECTED .
LACK OF A STATEMENT OF REASONS
35 THE APPLICANT CLAIMS THAT THE LETTER OF TERMINATION DATED 12 MARCH 1968 CONTAINS NO MENTION OF THE REASONS FOR THE TERMINATION OF HIS EMPLOYMENT .
36 HE STATES THAT THAT DECISION IS ACCORDINGLY CONTRARY TO THE SECOND SENTENCE OF THE SECOND PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS WHICH PROVIDES THAT : ' ANY DECISION ADVERSELY AFFECTING AN OFFICIAL SHALL STATE THE GROUNDS ON WHICH IT IS BASED ' , SINCE THE APPLICANT MAY RELY ON THAT PROVISION IN VIEW OF THE FIRST PARAGRAPH OF ARTICLE 11 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS , WHICH PROVIDES : ' ARTICLES 11 TO 26 OF THE STAFF REGULATIONS , CONCERNING THE RIGHTS AND OBLIGATIONS OF OFFICIALS , SHALL APPLY BY ANALOGY . . . '
37 IN ADDITION , THE APPLICANT REFERS IN THIS RESPECT TO CONSIDERATIONS RELATING TO THE CHARACTERISTICS OF CONTRACTS OF EMPLOYMENT AND THE GUARANTEES AS TO SECURITY GIVEN TO MEMBERS OF STAFF RECRUITED UNDER CONTRACT , WHICH CONSIDERATIONS WERE SET OUT BY THE COURT IN ITS JUDGMENTS OF 15 JULY 1960 IN CASES 43 , 45 AND 48/59 , VON LACHMULLER AND OTHERS , AND 16 DECEMBER 1960 IN CASE 44/59 , FIDDELAAR , ( REC . 1960 , PP . 933 AND 1077 RESPECTIVELY ).
38 ARTICLE 47 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS PROVIDES THAT THE EMPLOYMENT OF TEMPORARY STAFF SHALL CEASE , WHERE THE CONTRACT IS FOR A FIXED PERIOD , ON THE DATE STATED IN THE CONTRACT AND , WHERE THE CONTRACT IS FOR AN INDEFINITE PERIOD , AT THE END OF THE PERIOD OF NOTICE STIPULATED IN THE CONTRACT .
39 THE JUSTIFICATION FOR THE UNILATERAL TERMINATION OF A CONTRACT OF EMPLOYMENT , EXPRESSLY PROVIDED FOR IN THE AFOREMENTIONED PROVISION AND , IN ADDITION , RECOGNIZED BY THE APPLICANT AT THE TIME OF HIS RECRUITMENT , IS TO BE FOUND IN THE CONTRACT OF EMPLOYMENT AND THEREFORE REASONS DO NOT HAVE TO BE STATED FOR IT .
40 IN THIS RESPECT THE POSITION OF THE APPLICANT IS FUNDAMENTALLY DISTINCT FROM THAT OF AN OFFICIAL UNDER THE STAFF REGULATIONS , SUCH THAT THERE IS NO BASIS FOR THE ANALOGY WHICH JUSTIFIES AND LIMITS THE REFERENCE CONTAINED IN ARTICLE 11 OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS TO CERTAIN PROVISIONS OF THE STAFF REGULATIONS .
41 IT IS NOT POSSIBLE TO COUNTER THIS LEGAL ASSESSMENT WITH CONSIDERATIONS DRAWN FROM THE PERIOD PRIOR TO THE ADOPTION OF THE STAFF REGULATIONS , WHEN CONTRACTUAL RELATIONS WERE THE GENERAL RULE AND WERE INTENDED AS A WHOLE TO BE CONSOLIDATED SUBSEQUENTLY WITHIN THE FRAMEWORK OF THE STAFF REGULATIONS .
42 CONSIDERATIONS OF THIS NATURE ARE THEREFORE IRRELEVANT SINCE THIS CASE IS CONCERNED WITH THE ASSESSMENT OF THE POSITION OF A