THE LATTER CONFIRMED THE DECISION NOT TO RENEW TAKEN BY THE SECRETARY GENERAL, AND REFUSED TO GRANT THE APPLICANT AN EXTENSION OF HIS CONTRACT AS REQUESTED BY HIM .
WITHOUT CLAIMING THAT THE DECISION NOT TO RENEW HIS CONTRACT SHOULD BE ANNULLED, THE APPLICANT CLAIMS THAT THE COURT SHOULD RULE THAT THE SAID DECISION WAS ADOPTED IN IRREGULAR CIRCUMSTANCES AND THAT IT SHOULD THEREFORE RULE THAT THE SAID MEASURE HAS CAUSED HIM INJURY, AND THAT THIS SHOULD BE MADE GOOD .
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A - ON THE REGULARITY OF THE DECISIONS OF THE DEFENDANT NOT TO RENEW THE APPLICANT'S CONTRACT OF EMPLOYMENT
( A ) THE COURT IS OF THE OPINION THAT ALTHOUGH THE CONTRACT OF EMPLOYMENT ENTERED INTO ON 10 JANUARY 1953 BETWEEN THE COMMON ASSEMBLY AND THE APPLICANT IS ON THE FACT OF IT MERELY A CONTRACT OF EMPLOYMENT FOR A LIMITED PERIOD, IT NEVERTHELESS CONSTITUTES A CONTRACT SUI GENERIS .
THAT CONTRACT MUST BE INTERPRETED NOT ONLY IN THE LIGHT OF THE PROVISIONS OF THE TREATY AND OF THE INTERNAL RULES IN FORCE TO WHICH IT REFERS, BUT ALSO WITH REGARD TO WHAT WAS CONTEMPLATED BY THE PARTIES AND TO THE INTENTIONS OF THE COMMUNITY IN RESPECT OF ITS SERVANTS .
1 . THE PREAMBLE TO THE SAID CONTRACT OF EMPLOYMENT REFERS TO THE THIRD PARAGRAPH OF ARTICLE 7 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS, WHICH PROVIDES : " UNTIL THE COMMITTEE PROVIDED FOR IN ARTICLE 78 OF THE TREATY HAS DECIDED UPON THE SIZE OF THE STAFF OF THE COMMUNITY AND HAS LAID DOWN STAFF REGULATIONS, THE PERSONNEL REQUIRED SHALL BE ENGAGED ON A CONTRACTUAL BASIS ". THE REFERENCE TO THAT PROVISION CLEARLY ESTABLISHES THE FACT THAT THE CONTRACT OF EMPLOYMENT WAS THE PRECURSOR OF THE STAFF REGULATIONS .
2 . ARTICLES 1 AND 2 OF THE CONTRACT OF EMPLOYMENT PROVIDE THAT " MR KERGALL SHALL ENTER THE SERVICE OF THE COMMON ASSEMBLY . THIS CONTRACT SHALL TAKE EFFECT ON 6 DECEMBER 1952 AND IS VALID FOR TWO YEARS ".
THE WORDS " ENTER THE SERVICE " AND THE FACT THAT THE APPLICANT WAS ENGAGED AS A SERVANT IN THE FIRST GRADE - WHICH INCLUDED THE SECRETARY GENERAL, THE ASSISTANT SECRETARY GENERAL, THE HEADS OF SERVICE AND PERSONS HOLDING SIMILAR POSTS - INDICATE, OR IN ANY EVENT, CONSTITUTE REASONABLE GROUNDS FOR TAKING THE VIEW THAT WHAT WAS INVOLVED HERE CAN ONLY HAVE BEEN THE APPLICANT'S ENGAGEMENT AS AN OFFICIAL WHO WAS ELIGIBLE, SUBJECT TO CERTAIN CONDITIONS, FOR STABILITY OF EMPLOYMENT, THAT IS TO SAY FOR ESTABLISHMENT UNDER THE STAFF REGULATIONS .
3 . FURTHERMORE, THE LIMITATION OF THE DURATION OF THE SAID CONTRACT TO A PERIOD OF TWO YEARS DOES NOT NECESSARILY MEAN THAT THE PARTIES INTENDED THAT THE ENGAGEMENT UNDER THE CONTRACT SHOULD BE OF LIMITED DURATION .
RATHER, IT MEANS THAT THEY SHARED THE GENERAL OPINION OF THE INSTITUTIONS OF THE COMMUNITY WHICH, AT THAT TIME, CONSIDERED THAT TWO YEARS WOULD SUFFICE IN ORDER TO PREPARE AND ADOPT THE STAFF REGULATIONS OF