TREATY, BECAUSE THE PERMANENT REQUIREMENTS OF EACH SERVICE OF THE COMMISSION COULD NOT AT THAT TIME BE ADEQUATELY FORESEEN .
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SINCE THEREFORE THE CONTRACTS AT ISSUE, BELONGED TO A STAGE PRECEDING THE CONCLUSION OF THE CONTRACTS PROVIDED FOR BY ARTICLE 246 ( 3 ) OF THE TREATY, THEY CAN ON NO ACCOUNT IMPLY A COMMON INTENTION BETWEEN THE PARTIES TO ENTER INTO THE LEGAL RELATIONSHIP OF A CONTRACT OF PERMANENT EMPLOYMENT, FOR SUCH AN INTENTION IS CLEARLY CONTRARY TO THE PRINCIPLE LAID DOWN IN THE SAID ARTICLE 246 ( 3 ).
NOR CAN SUCH AN INTENTION BE DEDUCED FROM THE FACT THAT THE APPLICANTS IN CASES 43/59 AND 48/59 TOOK PART IN COMPETITIONS BEFORE ENTERING THE SERVICE OF THE COMMISSION, FOR THE OBJECT OF THOSE COMPETITIONS WAS TO MAKE AVAILABLE TO THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES A LIST OF CANDIDATES SUITABLE FOR SUBSEQUENT ENGAGEMENT, AND NOT TO RECRUIT STAFF ON A PERMANENT BASIS . MOREOVER, THE " RESULTS OF EACH COMPETITION WERE NOT KNOWN UNTIL SOME MONTHS AFTER THE DATE WHEN THE SAID APPLICANTS WERE ENGAGED, WHICH RULES OUT ANY CASUAL LINK BETWEEN, ON THE ONE HAND, THE HOLDING OF THOSE COMPETITIONS AND OF THE APPLICANTS' S TAKING PART IN THEM AND, ON THE OTHER, THEIR ENGAGEMENT .
THEREFORE, SINCE THE APPLICANTS HAVE NO CLAIM WHATSOEVER, TO SECURITY OF TENURE, THERE IS NO POINT CONSIDERING WHETHER THE DESCRIPTIONS " EXPERT " OR " AUXIALIARY " ACCURATELY REFLECT THE NATURE OF THE LEGAL RELATIONSHIP WHICH EXISTED BETWEEN THE PARTIES .
IN THESE CIRCUMSTANCES, CERTAIN MEASURES ADOPTED BY THE COMMISSION CONCERNING THE APPLIANTS AND CERTAIN PRIVILEGES WHICH IT GRANTED TO THEM CANNOT BE USED TO LEND PERMANENCE TO THE CONTRACTS OF EMPLOYMENT AT ISSUE SINCE THOSE MEASURES AND PRIVILEGES CANNOT CONFER ON THE SAID CONTRACTS A TENOR AND MEANING WHICH ARE EXPRESSLY PROHIBITED BY ARTICLE 246 ( 3 ) OF THE TREATY .
THERE IS, CONSEQUENTLY, NO BASIS FOR THE APPLICANTS'ARGUMENT TO THE EFFECT THAT THE COMMISSION, BY ITS CONDUCT, ENCOURAGED THEM TO EXPECT SECURITY OF TENURE AND THEREBY COMMITTED A WRONGFUL ACT .
FINALLY, IT IS NOT POSSIBLE, IN THE PRESENT CASES, TO RELY ON THE CASE-LAW OF THE COURT OF JUSTICE OF THE ECSC, WHICH HAS ACCEPTED THAT SERVANTS OF THE ECSC EMPLOYED PRIOR TO THE ENTRY INTO FORCE OF THE STAFF REGULATIONS COULD EXPECT PERMANENT EMPLOYMENT, BECAUSE, UNLIKE ARTICLE 246 ( 3 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, THE LAST PARAGRAPH OF ARTICLE 7 OF THE CONVENTION ON THE TRANSITIONAL PROVISIONS DOES NOT REQUIRE EVERY CONTRACT OF EMPLOYMENT CONCLUDED BEFORE THE ENTRY INTO FORCE OF THE STAFF REGULATIONS TO BE OF LIMITED DURATION, AND DOES NOT THEREBY PRECLUDE THE RELATIONSHIP WHEREBY THE EMPLOYEE HAS SOME SECURITY AND ENJOYS THE EXPECTATION OF THE BENEFIT OF THE STAFF REGULATIONS .
STATEMENT OF REASONS FOR THE DECISIONS OF DISMISSAL
THE CONDUCT OF AN AUTHORITY, IN ADMINISTRATIVE AS IN CONTRACTUAL MATTERS, IS AT ALL TIMES SUBJECT TO OBSERVANCE OF THE PRINCIPLE OF GOOD FAITH .
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