. TO THAT MUST BE ADDED THE FACT THAT NEITHER THE BUDGET NOR A FORTIORI AN EXPLANATORY REMARK , THOUGH NECESSARY IN ORDER TO UNDERTAKE EXPENDITURE , CAN BE SUBSTITUTED FOR THE PROVISIONS OF THE STAFF REGULATIONS DEALING WITH RECRUITMENT OF OFFICIALS . NOR ARE THEY BINDING ON THE COUNCIL OR THE COMMISSION AS LEGISLATIVE AUTHORITIES . THUS , WHEN IT ADOPTED REGULATION NO 3332/82 , THE COUNCIL DID NOT FAIL TO MEET ANY LEGAL OBLIGATION WHICH IT HAD IMPOSED ON ITSELF .
57 THE SUBMISSION THAT THE COUNCIL FAILED TO RESPECT THE RULES WHICH IT ITSELF HAD LAID DOWN MUST BE REJECTED .
SECOND SUBMISSION
58 WITH REGARD TO THEIR SUBMISSION THAT THEIR LEGITIMATE EXPECTATIONS WERE FRUSTRATED , THE APPLICANTS REFER TO THE RESOLUTION OF THE EUROPEAN PARLIAMENT OF 11 MAY 1979 EMBODYING THE OPINION OF THE EUROPEAN PARLIAMENT ON THE PROPOSAL FROM THE COMMISSION TO THE COUNCIL FOR A REGULATION RELATING TO THE CREATION OF A EUROPEAN AGENCY FOR COOPERATION ( OFFICIAL JOURNAL , C 140 , P . 142 ); ACCORDING TO THAT RESOLUTION , ' THE STAFF CONCERNED SHALL RETAIN THEIR ESTABLISHED RIGHTS ' AND ' THE NEW PROVISIONS SHALL APPLY RETROACTIVELY TO THE DAY OF THEIR ENGAGEMENT BY THE EUROPEAN ASSOCIATION FOR COOPERATION ' . FURTHERMORE , THE BUDGETARY AUTHORITY INSERTED A REMARK INTO THE BUDGET FOR THE 1982 FINANCIAL 1982 FINANCIAL YEAR TO THE EFFECT THAT ' THE POSTS FOR THE EUROPEAN ASSOCIATION FOR COOPERATION ( HEADQUARTERS ) ARE INCORPORATED IN THE COMMISSION ' S ESABLISHMENT PLAN IN ACCORDANCE WITH THE CONDITIONS SET OUT IN THE RESOLUTION ADOPTED BY THE EUROPEAN PARLIAMENT ON 11 MAY 1979 ' . IT WAS THEREFORE THE PARLIAMENT ' S WISH THAT THE HEADQUARTERS STAFF SHOULD BE ESTABLISHED RETROACTIVELY . THE APPLICANTS CLAIM THAT THEY COULD THEREFORE LEGITIMATELY EXPECT THAT THAT RESOLUTION AND THE AFOREMENTIONED REMARK OF THE BUDGETARY AUTHORITY , TOGETHER WITH THE STATEMENT MADE BY THE COUNCIL AT THE TIME THAT REGULATION NO 3245/81 WAS ADOPTED , WOULD BE RESPECTED .
59 CONTRARY TO THE APPLICANT ' S CLAIM , A RESOLUTION OF THE PARLIAMENT IS NOT BINDING AND CANNOT GIVE RISE TO THE LEGITIMATE EXPECTATION THAT THE INSTITUTIONS WILL COMPLY WITH IT . WITH REGARD TO THE REMARK IN THE BUDGET FOR THE 1982 FINANCIAL YEAR , IT CAN NEITHER CONFER INDIVIDUAL RIGHTS ON THE APPLICANTS NOR GIVE RISE TO ANY LEGITIMATE EXPECTATION ( SEE ORDER OF 26 SEPTEMBER 1984 IN CASE 216/83 , LES VERTS V COMMISSION AND COUNCIL , ( 1984 ) ECR 3335 ). NOR COULD THE COUNCIL ' S CONDUCT GIVE RISE TO ANY EXPECTATION ON THE PART OF THE APPLICANTS THAT THEIR APPOINTMENTS WOULD BE RETROACTIVE .
60 THE SUBMISSION THAT THERE WAS A FAILURE TO RESPECT THE PRINCIPLE OF LEGITIMATE EXPECTATION MUST THEREFORE ALSO BE REJECTED .
Decision on costs
COSTS
61 UNDER THE TERMS OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS IF THEY