ADMINISTRATION CANNOT BE CRITICIZED FOR FAILING TO ENROL THE APPLICANT ON A COURSE WHEN HE DID NOT ASK TO BE ENROLLED AND WHEN THE COURSE WAS ON A SUBJECT WITH WHICH HE SHOULD HAVE BEEN FAMILIAR .
9 AS REGARDS THE APPLICANT ' S ARGUMENTS REGARDING PROCEDURE BASED ON THE STAFF REGULATIONS OF OFFICIALS , IT MUST BE REMEMBERED THAT THE PROVISIONS OF THE STAFF REGULATIONS WHICH APPLY BY ANALOGY TO OTHER SERVANTS ARE EXPRESSLY LISTED IN THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS . ARTICLE 51 OF THE STAFF REGULATIONS AND ANNEX IX THERETO ARE NOT INCLUDED IN THAT LIST . MOREOVER , IT IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT THAT THE APPLICANT HAD EVERY OPPORTUNITY DURING THE PERSONAL CONVERSATIONS AND NUMEROUS EXCHANGES OF MEMORANDA TO PUT FORWARD ARGUMENTS IN HIS DEFENCE . FOR THE SAME REASON THE APPLICANT CANNOT COMPLAIN THAT THE DECISION ITSELF FAILED TO SET OUT THE REASONS ON WHICH IT WAS BASED ; SUCH A FAILURE WAS IN ANY CASE JUSTIFIED BY VIRTUE OF THE DISCRETION WHICH ARTICLE 47 ( 2 ) CONFERS ON THE COMPETENT AUTHORITY .
10 IT FOLLOWS THAT THE PRINCIPAL CLAIM MUST BE DISMISSED .
THE ALTERNATIVE CLAIM
11 IN SUPPORT TO THIS CLAIM THE APPLICANT POINTS OUT THAT HE DOES NOT ENJOY ADEQUATE COVER AGAINST THE RISKS OF SICKNESS , INVALIDITY AND UNEMPLOYMENT , EVEN THOUGH THE COMMISSION HAS MADE A PROPOSAL TO THE COUNCIL FOR THE AMENDMENT OF THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS IN THAT RESPECT . IN THE ABSENCE OF WRITTEN PROVISIONS TO THAT EFFECT IT IS ARGUED THAT THE ADMINISTRATION SHOULD TAKE APPROPRIATE STEPS IN ORDER TO INSURE THE APPLICANT AGAINST SUCH RISKS IN PURSUANCE OF THE GENERAL PRINCIPLE OF EQUITY AND SOCIAL SECURITY AND BY VIRTUE OF ITS DUTY TO ASSIST OFFICIALS UNDER ARTICLE 24 OF THE STAFF REGULATIONS , A DUTY WHICH IS STATED TO APPLY BY ANALOGY TO OTHER SERVANTS . EVEN IF SUCH A DUTY DOES NOT EXIST , THE DEFENDANT IS ALLEGED TO BE RESPONSIBLE FOR THAT DEFICIENCY IN THE LAW .
12 IN THIS CONNEXION IT MUST BE REMEMBERED THAT COUNCIL REGULATION ( ECSC , EEC , EURATOM ) NO 2615/76 OF 21 OCTOBER 1976 AMENDING REGULATION ( EEC , EURATOM , ECSC ) NO 259/68 AS REGARDS THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ( OFFICIAL JOURNAL 1976 , L 299 , P . 1 ) MADE IT POSSIBLE IN THE FIELDS OF RESEARCH AND INVESTMENT TO EMPLOY TEMPORARY SERVANTS FOR AN INDEFINITE PERIOD AND TO REQUIRE THEM TO PERFORM DUTIES WHICH IN OTHER FIELDS OF COMMUNITY WORK ARE CARRIED OUT BY OFFICIALS . THAT REGULATION , WHICH , ACCORDING TO THE THIRD RECITAL IN THE PREAMBLE , IS NOT UNDER ANY CIRCUMSTANCES TO CONSTITUTE A PRECEDENT WITH REGARD TO EMPLOYMENT IN THE EUROPEAN PUBLIC SERVICE , HAS MADE FLEXIBLE ADMINISTRATION POSSIBLE IN THOSE FIELDS , WHICH MAY BE READILY ADAPTED TO THE VARIED NEEDS OF THE SERVICE AND THE AVAILABLE FINANCIAL