PRESENT APPLICATION ADMISSIBLE .
3 . SUBSTANCE
A . THE CONDITIONS UPON WHICH THE APPLICANT ENTERED THE SERVICES OF THE HIGH AUTHORITY
THE COURT REJECTS THE APPLICANT'S ARGUMENT, PUT FORWARD FOR THE FIRST TIME IN THE REPLY, THAT SHE WAS DEFINITIVELY ENGAGED BY THE HIGH AUTHORITY WHEN SHE ENTERED INTO SERVICE ON 9 DECEMBER 1952 .
THE EVIDENCE ADDUCED BY THE APPLICANT IN SUPPORT OF HER CLAIM IS IN NO WAY CONCLUSIVE . ON THE ONE HAND THE EXAMINATION TAKEN AT THE MINISTRY FOR FOREIGN AFFAIRS IN ROME AND THE TELEGRAM FROM THE SAID MINISTRY INVITING THE APPLICANT TO GO TO LUXEMBOURG FOR THE PURPOSE OF HER EMPLOYMENT BY THE HIGH AUTHORITY COULD NOT, WITHOUT INSTRUCTIONS TO THIS EFFECT, GIVE RISE TO AN OBLIGATION ON THE PART OF THE LATTER TOWARDS THE APPLICANT . THE APPLICANT'S SIGNATURE TO AN UNDERTAKING TO PRESERVE OFFICIAL SECRECY WITH REGARD TO ANYTHING WHICH MIGHT COME TO HER KNOWLEDGE DURING HER EMPLOYMENT AND THE NOTE FROM THE HEAD OF THE TRANSLATION DEPARTMENT SENT TO THE ADMINISTRATION TO INFORM IT OF THE APPLICANT'S ENTRY INTO SERVICE DO NOT CONSTITUTE PROOF OF A DEFINITIVE APPOINTMENT .
FURTHER, BOTH IN THE APPLICATION MADE ON 10 FEBRUARY 1955 TO THE ADMINISTRATIVE COMMITTEE OF THE HIGH AUTHORITY AND IN THE APPLICATION TO THE COURT THE APPLICANT REFERS ON SEVERAL OCCASIONS TO A PROBATIONARY PERIOD AND THUS RECOGNIZES THAT HER EMPLOYMENT WAS NOT OF A DEFINITIVE NATURE .
THE COURT ALSO REJECTS THE DEFENDANT'S ARGUMENT THAT THE APPLICANT WAS SIMPLY ADMITTED FOR A TRIAL PERIOD : THIS, AS DISTINCT FROM AN APPOINTMENT ON PROBATION, WOULD GIVE RISE TO NO LEGAL RELATIONSHIP BETWEEN THE PERSON ADMITTED AND THE ADMINISTRATION SINCE THE TRIAL PERIOD WOULD NOT PROVIDE CONFIRMATION BUT SIMPLY BE A SUBSTITUTE FOR ANY OTHER MEANS OF RECRUITMENT SUCH AS AN EXAMINATION, A COMPETITION BASED ON QUALIFICATIONS AND SO FORTH .
ENTRY INTO SERVICE UNDER SUCH CONDITIONS WOULD APPEAR AT THE VERY LEAST TO BE EXCEPTIONAL AND HAS NOT BEEN PROVIDED FOR BY ANY OF THE REGULATIONS IN FORCE UNTIL NOW IN THE COMMUNITY . IT MOREOVER APPEARS FROM THE EVIDENCE OF THE SECRETARY OF THE HIGH AUTHORITY THAT INSTRUCTIONS WERE GIVEN TO EXERCISE CAUTION IN ENGAGING STAFF : THE PROBATIONARY PERIOD WAS MEANT AS A SAFEGUARD . THE FACT THAT THE PROBATIONARY PERIOD WAS CUSTOMARY WITH THE HIGH AUTHORITY IS CONFIRMED BY THE STATEMENTS OF THE DIRECTOR AND AN OFFICIAL IN THE ADMINISTRATIVE DEPARTMENT OF THE HIGH AUTHORITY UNCONTRADICTED BY OTHER WITNESSES .
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THE DEFENDANT HAS PUT FORWARD NO ARGUMENT TO SUBSTANTIATE ITS CLAIM OF ADMISSION FOR A TRIAL PERIOD . IT ALLEGES THAT THE ABSENCE OF ANY DOCUMENT IS CONFIRMATION OF ITS STATEMENT . HOWEVER, IT APPEARS FROM THE DOCUMENTS IN THE FILE AND FROM THE INQUIRY THAT DURING THE PERIOD WHEN THE HIGH AUTHORITY WAS BEING SET UP THE CONVENING OF THOSE ENGAGED TO ORGANIZE THE WORK AND THEIR TERMS OF REFERENCE WERE GENERALLY FIXED ORALLY . THE FACT THAT THE APPLICANT ENTERED INTO SERVICE PURELY