BETWEEN OFFICIALS ESTABLISHED UNDER ARTICLE 102 OF THE STAFF REGULATIONS AND OFFICIALS NEWLY RECRUITED ON THE BASIS OF THOSE REGULATIONS .
12 FURTHERMORE , HE CONTENDS THAT THE COMMISSION ITSELF AGREED TO THAT INTERPRETATION IN A CERTIFICATE OF ESTABLISHMENT AND APPLICATION FOR THE TRANSFER OF CONTRIBUTIONS , DATED 7 MAY 1980 , ADDRESSED TO THE LUXEMBOURG FUND AND SPECIFYING THAT THE APPLICANT ' ' HAS BECOME ESTABLISHED AS AN INTERNATIONAL PUBLIC OFFICIAL WITH EFFECT FROM 1 OCTOBER 1958 AND HAS BEEN COVERED BY THE PENSION SCHEME FOR INTERNATIONAL PUBLIC OFFICIALS SINCE 1 OCTOBER 1958 . ' '
13 IN THE ALTERNATIVE , THE APPLICANT ARGUES THAT THE COMMISSION WAS PRECLUDED FROM REJECTING THE COMPLAINT ON 18 NOVEMBER 1980 AFTER THE APPLICANT ' S REQUEST OF 23 APRIL 1980 HAD EVOKED A FAVOURABLE RESPONSE , NAMELY THE ISSUE OF THE AFORESAID CERTIFICATE OF ESTABLISHMENT .
14 THE APPLICANT ' S ARGUMENT CANNOT BE ACCEPTED . ARTICLE 212 OF THE TREATY PROVIDED THAT THE COUNCIL WAS TO LAY DOWN THE STAFF REGULATIONS OF OFFICIALS , WHILST ARTICLE 246 ( 3 ) OF THE TREATY PROVIDES THAT ' ' UNTIL THE STAFF REGULATIONS OF OFFICIALS . . . HAVE BEEN LAID DOWN , EACH INSTITUTION SHALL RECRUIT THE STAFF IT NEEDS AND TO THIS END CONCLUDE CONTRACTS OF LIMITED DURATION . ' ' THE COURT HAS ON SEVERAL OCCASIONS REFUTED THE PROPOSITION THAT MEMBERS OF THE STAFF ENGAGED UNDER CONTRACT , EVEN FOR AN INDEFINITE PERIOD , MAY LEGITIMATELY EXPECT TO HAVE THE STAFF REGULATIONS APPLIED TO THEM IN RESPECT OF THE PERIOD PRECEDING THE ENTRY INTO FORCE OF THOSE REGULATIONS . MOREOVER , SUCH CONTRACTS COULD NOT GIVE RISE IN LAW TO AN INFERENCE THAT THERE WAS A COMMON INTENTION TO CREATE A PERMANENT EMPLOYMENT RELATIONSHIP , IN VIEW OF THE FACT THAT SUCH AN INTENTION WOULD HAVE BEEN MANIFESTLY CONTRARY TO THE PRINCIPLE CONTAINED IN ARTICLE 246 ( 3 ) OF THE TREATY .
15 ARTICLE 102 OF THE STAFF REGULATIONS CONTAINS THE PROVISIONS GOVERNING THE ESTABLISHMENT UNDER THE STAFF REGULATIONS OF SERVANTS OCCUPYING A PERMANENT POST WHEN THOSE REGULATIONS ENTERED INTO FORCE . IT STATES , IN PARTICULAR , THAT THERE MUST BE NO UNFAVOURABLE REPORT ON THE SERVANT BY THE ESTABLISHMENT BOARD , WHICH SHOWS THAT THE SERVANT ' S ESTABLISHMENT MAY NOT BE REGARDED AS AN INEVITABLE CONSEQUENCE OF HIS PREVIOUS ENGAGEMENT . ARTICLE 48 OF ANNEX VIII TO THE STAFF REGULATIONS CONTAINS PROVISIONS ENABLING AN OFFICIAL TO WHOM THE STAFF REGULATIONS ARE APPLIED PURSUANT TO THE TRANSITIONAL PROVISIONS TO ENJOY HIS PENSION RIGHTS ' ' COMPUTED FROM THE DATE OF HIS JOINING THE TEMPORARY JOINT PROVIDENCE SCHEME OF THE INSTITUTIONS OF THE COMMUNITIES . ' ' IT FOLLOWS FROM ALL THOSE PROVISIONS THAT AN OFFICIAL MAY NOT CLAIM TO HAVE BECOME ESTABLISHED BEFORE THE STAFF REGULATIONS ENTERED INTO FORCE .
16 WITH REGARD TO THE ALLEGED DISCRIMINATION IN RELATION TO A NEWLY RECRUITED OFFICIAL , IT MUST BE OBSERVED THAT THE TWO SITUATIONS ARE NOT COMPARABLE .