COMMUNITY .
46SHE TOOK THEM UP ON 1 JANUARY 1961 AND IS STILL PERFORMING THEM AT THE PRESENT TIME , 18 YEARS LATER ; IT CAN THEREFORE BE SAID THAT THEY ARE PERMANENT , DEFINITE , COMMUNITY PUBLIC SERVICE DUTIES .
47HER CONTRACT DESIGNATED AS BEING WITH A MEMBER OF THE AUXILIARY STAFF BEGAN ON 1 MARCH 1964 , BUT ON 24 JANUARY 1963 THE UNIVERSITY AND CULTURAL AFFAIRS DIVISION HAD BEEN ALLOCATED A POST OF PRINCIPAL ADMINISTRATOR A 5/A 4 , THE DEFINITION OF WHICH CORRESPONDED TO THE DUTIES PERFORMED BY THE APPLICANT AND THIS POST APPEARED IN THE LIST OF POSTS APPENDED TO THE SECTION OF THE BUDGET RELATING TO THAT INSTITUTION .
48AN OPEN COMPETITION PROCEDURE TO FILL IT WAS INITIATED BY A NOTICE PUBLISHED IN THE JOURNAL OFFICIEL OF 18 JANUARY 1965 .
49ALTHOUGH THE APPLICANT WAS PLACED FIRST ON THE LIST OF SUITABLE CANDIDATES DRAWN UP BY THE SELECTION BOARD FOLLOWING THE COMPETITION AND WAS PROPOSED FOR APPOINTMENT BY HER DIRECTOR GENERAL IN PARTICULARLY LAUDATORY TERMS REGARDING THE QUALITY OF HER WORK , HER EXPERIENCE , HER DEVOTION TO DUTY AND THE NEED TO REGULARIZE HER ADMINISTRATIVE SITUATION , ANOTHER CANDIDATE WAS CHOSEN AND WAS APPOINTED TO THAT POST .
50THIS OTHER CANDIDATE DID NOT FILL THE POST MENTIONED IN THE COMPETITION , AND THE DUTIES CORRESPONDING TO THE POST CONTINUED TO BE PERFORMED BY THE APPLICANT .
51THEREFORE IT APPEARS THAT AT ALL EVENTS AS FROM 1 MARCH 1964 , THE DATE OF HER FIRST CONTRACT AS A MEMBER OF THE AUXILIARY STAFF , THE AGREEMENT BETWEEN THE APPLICANT AND THE COMMISSION SHOULD HAVE TAKEN ON THE FORM OF A CONTRACT FOR THE EMPLOYMENT OF A MEMBER OF THE TEMPORARY STAFF , BECAUSE THE APPLICANT HAD BEEN ASSIGNED TO A PERMANENT POST APPEARING IN THE LIST OF POSTS APPENDED TO THE BUDGET .
52THE FORMAL NATURE OF THE VARIOUS CONTRACTS WHICH THE COMMISSION THEN OFFERED THE APPLICANT IN NO WAY ALTERS THE FACT THAT SHE PERFORMED THE SAME DUTIES UNTIL HER ESTABLISHMENT , WHICH WAS MERELY A REGULARIZATION OF HER OVER-LONG DE FACTO SITUATION AS A TEMPORARY OFFICIAL .
53THEREFORE THE CONTRACTS ENTERED INTO BY THE COMMISSION WITH THE APPLICANT SINCE 1 MARCH 1964 MUST BE REGARDED AS HAVING BEEN ENTERED INTO WITH A MEMBER OF THE TEMPORARY STAFF .
54THE DEFENDANT MUST ACT ACCORDINGLY IN CALCULATING THE APPLICANT ' S YEARS OF PENSIONABLE SERVICE IN RELATION TO HER PERIODS OF EMPLOYMENT UNDER THE INCORRECT DESIGNATION OF MEMBER OF THE AUXILIARY STAFF .
55AS REGARDS THE APPLICANT ' S COMPLAINT CONCERNING THE PENSION RIGHTS FOR THE PERIOD COVERED BY THE EXPERTS ' CONTRACTS , SINCE THE DEFENDANT STAYED THE PROCEEDINGS IN ORDER TO CARRY OUT A COMPREHENSIVE EXAMINATION OF THE QUESTION ON A GENERAL BASIS , AS APPEARS FROM THE THIRD PARAGRAPH OF THE LETTER OF 15 FEBRUARY 1978 FROM MR TUGENDHAT , THE MEMBER OF THE COMMISSION , IT RESTS WITH THE APPLICANT TO GIVE THE DEFENDANT NOTICE FOR HER COMPLAINT TO BE