TO MATCH THE VACANT POST .
13 HOWEVER , IT IS NOT FOR THE COURT TO EVALUATE THE DEGREE OF SPECIALIZATION REQUIRED TO FILL A POST OF THE KIND IN QUESTION BECAUSE NEITHER THE MATERIAL IN THE FILE ON THE CASE NOR THE APPLICANT ' S CONTENTIONS SHOW THAT THE COMMISSION MADE A MANIFEST ERROR OF MISUSED ITS POWERS WHEN ASSESSING MR CASELLA ' S MERITS AND ABILITIES .
14 IN SUPPORT OF THE SECOND SET OF COMPLAINTS THE APPLICANT CONTENDS IN PARTICULAR THAT WHEN HE WAS RECRUITED IN 1976 AS A NATIONAL EXPERT ON SECONDMENT FROM THE ITALIAN MINISTRY OF FINANCE PROMISES WERE MADE AS TO HIS ESTABLISHMENT . VACANCY NOTICE NO COM/663/79 WAS INTENDED TO HONOUR THOSE PROMISES AND THIS IS EVIDENT FROM THE WORDING OF THE NOTICE AS WELL AS FROM THE DECLARED INTENTIONS OF THE CUSTOMS UNION SERVICE .
15 THE COMMISSION DENIES THAT IT GAVE AN UNDERTAKING TO ESTABLISH THE APPLICANT . IT REFERS HERE IN PARTICULAR TO THE LETTER DATED 20 JULY 1978 FROM THE DIRECTOR OF PERSONNEL WHICH ACCOMPANIED THE CONTRACT ENGAGING THE APPLICANT AS A TEMPORARY SERVANT AND WHICH STATED THAT HIS POST WAS A TEMPORARY POST AND COULD NOT THEREFORE LEAD TO ESTABLISHMENT AS AN OFFICIAL .
16 ALTHOUGH THAT LETTER CONTAINS AN ERROR INASMUCH AS IT REFERS TO OPEN COMPETITIONS AS BEING THE ONLY WAY IN WHICH THE APPLICANT MAY BECOME ESTABLISHED AND FAILS TO MENTION INTERNAL COMPETITIONS , IT BEARS OUT THE COMMISSION ' S VIEW THAT NO PROMISES TO ESTABLISH THE APPLICANT WERE GIVEN TO HIM .
17 IT IS TRUE THAT LETTERS INTERNAL TO THE CUSTOMS UNION SERVICE , WHICH ARE AMING THE PAPERS BEFORE THE COURT , HINT AT ITS INTENTION TO ESTABLISH THE APPLICANT AND REFER TO THE ' ' UNDERSTANDING ' ' OF THE ITALIAN CUSTOMS AUTHORITIES , THE ADMINISTRATION FROM WHICH THE APPLICANT CAME , AS REGARDS THAT INTENTION . HOWEVER , IT SHOULD BE POINTED OUT THAT EVEN AND IF AN AGREEMENT TO THAT EFFECT BETWEEN THE CUSTOMS UNION SERVICE AND THE ITALIAN CUSTOMS ADMINISTRATION WERE PROVED , IT CANNOT HAVE THE EFFECT OF PLACING THE APPLICANT , WHO WAS DULY WARNED OF THE TEMPORARY NATURE OF HIS POST , IN A SPECIAL POSITION AS REGARDS THE RECRUITMENT PROCEDURE AT ISSUE .
18 IT FOLLOWS THAT THE RECRUITMENT PROCEDURE FOLLOWED IN ORDER TO FILL THE VACANCY AT ISSUE HAS NOT BEEN PROVED TO BE IRREGULAR AND THAT THE APPLICATION MUST BE DISMISSED .
Decision on costs
COSTS
19 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . HOWEVER , UNDER ARTICLE 70 OF THOSE RULES COSTS INCURRED BY THE INSTITUTIONS IN PROCEEDINGS BY SERVANTS OF THE COMMUNITIES ARE TO BE BORNE BY THE INSTITUTIONS .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER )
HEREBY :
1 . DISMISSES THE APPLICATION ;
2.ORDERS THE PARTIES TO BEAR THEIR OWN COSTS .