THE COURT SHOULD ORDER THE EXCLUSION FROM THE ORAL PROCEEDINGS OF CERTAIN PAPERS DESCRIBED BY THE APPLICANT AS ' GEDAECHTNISPROTOKOLLE ' (' NOTES FOR REFRESHING THE MEMORY '), AND TAKING THE FORM OF NOTES WHICH THE APPLICANT HAD DRAFTED AT THE TIME FOR HIS OWN PERSONAL USE . THE APPLICANT HAS STATED THAT HE DOES NOT INTEND TO TREAT THESE NOTES, WHICH WERE DRAFTED BY HIMSELF ALONE, AS EVIDENCE . IN THESE CIRCUMSTANCES, THERE IS NOTHING TO PREVENT THE PRODUCTION OF THE NOTES BY WAY OF FACTUAL ARGUMENT, SUBJECT TO THE COURT'S EXAMINATION IN THE SAME WAY AS ANY OTHER ARGUMENT PUT FORWARD BY A PARTY .
IT FOLLOWS FROM ALL THESE CONSIDERATIONS THAT THE APPLICATION IS ADMISSIBLE, SUBJECT TO THE RESERVATIONS INDICATED ABOVE .
2 . AS TO THE SUBSTANCE OF THE CASE
A - NON-INTEGRATION AND DISMISSAL
( A ) THE FIRST SUBMISSION
THE APPLICANT POINTS OUT THAT HE HAD A PERMANENT POST, AND HELD A CONTRACT FOR AN INDEFINITE PERIOD, AND THAT HE WAS THEREFORE ' ENTITLED TO SECURITY OF EMPLOYMENT '. HE ARGUES THAT THE DEFENDANT VIOLATED THE PRINCIPLE OF GOOD FAITH BY DISMISSING HIM ' IN AN ABRUPT AND IMPROPER MANNER ' WHEN IT HAD BEEN ' EXPRESSLY EMPHASIZED ' THAT THE CLAUSE IN HIS CONTRACT OF EMPLOYMENT ALLOWING FOR ITS TERMINATION AT SHORT NOTICE ' ONLY HAD THE FORCE OF A MERE STOCK PHRASE '.
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THE APPLICANT'S ARGUMENT WOULD RESULT IN DESTROYING THE WHOLE LEGAL EFFECT OF THE CLEAR AND PRECISE TERMS OF A CONTRACT ACCEPTED UNCONDITIONALLY BY THE PARTY TO WHOM IT WAS OFFERED . WHATEVER THE PROSPECTS HELD OUT BY CERTAIN PERSONS, THE APPLICANT SHOULD HAVE UNDERSTOOD AT THE OUTSET THAT HIS DE FACTO SECURITY OF EMPLOYMENT WAS SUBJECT IN LAW TO THE CONDITION THAT HIS WORK SHOULD BE SATISFACTORY . FAILING THAT, ARTICLE 102 OF THE STAFF REGULATIONS ENABLED THE COMMUNITIES TO PUT AN END TO HIS EMPLOYMENT .
IT FOLLOWS THAT THE DEFENDANT'S RIGHT TO DISMISS THE APPLICANT WAS ESSENTIALLY DEPENDENT ON WHETHER THE OPINION OF THE ESTABLISHMENT BOARD WAS PROPERLY FORMED, A QUESTION WHICH WILL BE EXAMINED IN CONNEXION WITH THE SECOND SUBMISSION . THE PRESENT SUBMISSION IS THEREFORE UNFOUNDED .
( B ) THE SECOND SUBMISSION
1 . THE APPLICANT ASSERTS THAT THE DEFENDANT INFRINGED ARTICLE 110 OF THE STAFF REGULATIONS BY FAILING TO HOLD CONSULTATIONS WITH THE STAFF COMMITTEE AND THE STAFF REGULATIONS COMMITTEE BEFORE DRAWING UP THE RULES APPLICABLE TO THE PROBATION AND INTEGRATION PROCEDURES .
THE PROCEDURE FOR THE PROBATIONARY PERIOD APPLIED TO THE APPLICANT MUST BE CONSIDERED IN THE CONTEXT OF THE CONTRACTUAL CONDITIONS FOR SERVANTS EXISTING BEFORE THE STAFF REGULATIONS CAME INTO FORCE . THEREFORE THE ABOVEMENTIONED ARTICLE 110 CANNOT APPLY TO THAT PROCEDURE .
AS REGARDS THE INTEGRATION PROCEDURE THE PHRASE ' GENERAL PROVISIONS FOR GIVING EFFECT TO THE STAFF REGULATIONS ' APPEARING IN ARTICLE 110 REFERS, FIRST OF ALL, TO THE PROVISIONS WHICH EACH INSTITUTION MUST ADOPT IN ORDER TO GIVE EFFECT TO CERTAIN MANDATORY PROVISIONS IN THE STAFF REGULATIONS,