NOT AFFECTED THE APPLICANTS' POSITION AND HAS NOT RENDERED THE CONTESTED DECISION UNLAWFUL .
29 IT FOLLOWS FROM ALL THE FOREGOING THAT THE FIRST SUBMISSION MUST BE REJECTED .
THE SUBMISSION THAT THE STATUTES OF THE JOINT UNDERTAKING ARE UNLAWFUL
30 THE APPLICANTS CHALLENGE THE STATUTES OF THE JET JOINT UNDERTAKING BY WAY OF A PLEA OF ILLEGALITY . THEY CLAIM THAT THE DISTINCTION MADE IN ARTICLES 8.4 AND 8.5 OF THE STATUTES CONSTITUTES COVERT DISCRIMINATION ON GROUNDS OF NATIONALITY WHICH OPERATES TO THE DETRIMENT SOLELY OF BRITISH NATIONALS . THEY MAINTAIN THAT SUCH DISCRIMINATION IS, IN PARTICULAR, CONTRARY TO ARTICLE 96 OF THE EAEC TREATY AND IS NOT JUSTIFIED BY THE REQUIREMENTS OF PUBLIC POLICY, PUBLIC SECURITY OR PUBLIC HEALTH .
31 IT MUST BE BORNE IN MIND THAT, UNDER ARTICLES 8.4 AND 8.5 OF THE STATUTES OF JET, STAFF MADE AVAILABLE TO IT BY THE UKAEA, THE HOST ORGANIZATION, REMAIN IN THE EMPLOYMENT OF THAT ORGANIZATION ON ITS TERMS AND CONDITIONS OF SERVICE, WHEREAS STAFF MADE AVAILABLE BY THE MEMBERS OF JET OTHER THAN THE UKAEA ARE RECRUITED TO POSTS OF TEMPORARY SERVANTS OF THE COMMUNITIES . IT IS CLEAR FROM THE DOCUMENTS SUBMITTED TO THE COURT THAT THE PAY RECEIVED BY EMPLOYEES MADE AVAILABLE BY THE UKAEA IS APPRECIABLY LESS THAN THAT RECEIVED BY EMPLOYEES RECRUITED AS TEMPORARY SERVANTS OF THE COMMUNITIES .
32 THOSE PROVISIONS DO NOT DISCRIMINATE ON GROUNDS OF NATIONALITY . AS POINTED OUT ABOVE, EACH MEMBER ORGANIZATION IS FREE TO MAKE AVAILABLE TO THE JOINT UNDERTAKING EMPLOYEES OF ANY NATIONALITY . FURTHERMORE, IT IS CLEAR FROM THE DOCUMENTS SUBMITTED TO THE COURT AND FROM THE ORAL ARGUMENT PRESENTED TO IT THAT THE REAL PURPOSE OF THE PROVISIONS AT ISSUE IS TO ESTABLISH A DIFFERENCE OF TREATMENT ACCORDING TO THE MEMBER ORGANIZATION WHICH MAKES THE EMPLOYEE IN QUESTION AVAILABLE TO THE JOINT UNDERTAKING AND NOT ACCORDING TO THE EMPLOYEE' S NATIONALITY .
33 IT IS NEVERTHELESS CONTRARY TO THE GENERAL PRINCIPLE OF EQUAL TREATMENT, WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES OF COMMUNITY LAW, FOR COMPARABLE SITUATIONS TO BE TREATED DIFFERENTLY UNLESS THE DIFFERENCE IN TREATMENT IS OBJECTIVELY JUSTIFIED ( SEE IN THIS REGARD IN PARTICULAR THE JUDGMENT OF 14 JULY 1983 IN CASE 152/81 FERRARIO AND OTHERS V COMMISSION (( 1983 )) ECR 2357 AND OF 6 DECEMBER 1984 IN CASE 59/83 BIOVILAC SA V EEC (( 1984 )) ECR 4057 ).
34 IN ORDER TO DETERMINE WHETHER THERE ARE OBJECTIVE JUSTIFICATIONS FOR THE DIFFERENCE IN TREATMENT ESTABLISHED BY ARTICLES 8.4 AND 8.5 OF THE STATUTES, THE VERY SPECIAL NATURE OF THE JOINT UNDERTAKING CONCERNED AND THE SPECIFIC CONSTRAINTS WHICH HAD TO BE TAKEN INTO ACCOUNT IN ITS RULES OF ORGANIZATION MUST BE TAKEN INTO CONSIDERATION .
35 AS THE COMMISSION AND THE COUNCIL HAVE POINTED OUT, THE JET JOINT UNDERTAKING IS DEVOTED ENTIRELY TO RESEARCH AND ITS DURATION IS LIMITED IN TIME . AN UNDERTAKING OF THAT KIND CAN WORK TO GOOD EFFECT ONLY IN CLOSE ASSOCIATION WITH A NATIONAL ORGANIZATION THAT