AUXILIARY STAFF IS TO ENSURE THAT DUTIES WHICH , EITHER INTRINSICALLY OR BECAUSE OF THE ABSENCE OF AN OFFICIAL , ARE OF A PRECARIOUS NATURE MAY BE CARRIED OUT BY OCCASIONAL STAFF , AND THAT THOSE CONDITIONS MAY NOT BE IMPROPERLY USED TO ENTRUST PERMANENT DUTIES FOR LONG PERIODS TO SUCH PERSONNEL , WHO WOULD THUS BE USED IN AN INAPPROPRIATE MANNER AND SUBJECTED TO PROLONGED UNCERTAINTY .
6 AFTER THE EXPIRY OF THE PERIOD PRESCRIBED IN ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS AND AFTER THE COMMENCEMENT OF THIS ACTION , THE COMMISSION REPLIED TO THE APPLICANT ' S COMPLAINT , ADMITTING THAT THE DUTIES CARRIED OUT BY HIM DURING THE PERIODS FROM 1 JANUARY 1966 TO 31 DECEMBER 1968 AND FROM 1 JANUARY 1972 TO 31 DECEMBER 1972 WERE NOT TEMPORARY DUTIES AS DEFINED IN THE JUDGMENT CITED ABOVE . FOR THAT REASON , IT DECIDED TO TAKE THOSE PERIODS INTO ACCOUNT IN CALCULATING THE APPLICANT ' S YEARS OF PENSIONABLE SERVICE .
7 ACCORDINGLY , IN HIS REPLY THE APPLICANT CONFINED HIS CLAIM TO THE PERIOD FROM 1 SEPTEMBER 1964 TO 31 DECEMBER 1965 . IT IS THEREFORE NECESSARY TO EXAMINE THE NATURE OF THE DUTIES ENTRUSTED TO THE APPLICANT DURING THAT PERIOD .
8 ACCORDING TO THE COMMISSION , DURING THAT PERIOD THE APPLICANT CARRIED OUT ESSENTIALLY TEMPORARY DUTIES AS A RESEARCH ASSISTANT IN THE DIRECTORATE-GENERAL FOR EXTERNAL RELATIONS , WITH RESPONSIBILITY FOR STUDIES RELATING TO THE COMMUNITY ' S EXTERNAL TRADE . HOWEVER , THE APPLICANT MAINTAINS THAT THE DUTIES CARRIED OUT BY HIM DURING THAT PERIOD DID NOT DIFFER IN ANY WAY FROM THOSE ENTRUSTED TO HIM AFTER 1 JANUARY 1966 ; BOTH BEFORE AND AFTER THAT DATE HE WAS WORKING ON STUDIES AND THE ONLY CHANGE WAS THE SUBJECT-MATTER THEREOF .
9 IN THIS RESPECT IT SHOULD BE REMEMBERED THAT THE JUDGMENT OF 1 FEBRUARY 1979 CITED ABOVE TOOK THE VIEW THAT THE DISTINCTION BETWEEN AUXILIARY STAFF AND TEMPORARY STAFF LIES IN THE FACT THAT THE LATTER OCCUPY PERMANENT POSTS INCLUDED IN THE LIST OF POSTS , WHEREAS THE FORMER , EXCEPT IN THE CASE OF THE TEMPORARY REPLACEMENT OF AN OFFICIAL , PERFORM ADMINISTRATIVE WORK WITHOUT BEING ASSIGNED TO A POST INCLUDED IN THE LIST OF POSTS AND THE OUTSTANDING FEATURE OF CONTRACTS FOR AUXILIARY STAFF IS THEIR PRECARIOUSNESS SINCE THEY MAY BE USED ONLY TO PROVIDE A TEMPORARY REPLACEMENT OR TO ENSURE THE PERFORMANCE OF ADMINISTRATIVE DUTIES WHICH ARE OF A TRANSITORY NATURE OR WHICH FULFIL AN URGENT NEED OR WHICH ARE NOT CLEARLY DEFINED .
10 IN THIS CASE , THE APPLICANT HAS BEEN UNABLE TO PROVE THAT THE DUTIES WHICH HE PERFORMED BETWEEN 1 SEPTEMBER 1964 AND 31 DECEMBER 1965 CORRESPONDED TO A POST INCLUDED IN THE LIST OF POSTS . THE COMMISSION , ON THE OTHER HAND , HAS PRODUCED A NUMBER OF LETTERS AND NOTES ADDRESSED TO THE APPLICANT BY THE DIRECTOR-GENERAL FOR EXTERNAL RELATIONS DURING THAT PERIOD WHICH MENTIONED THE ESSENTIALLY TRANSITORY NATURE OF