A COMMUNITY INSTITUTION AND IF THOSE ACTS DO NOT COME WITHIN THE JURISDICTION OF THE NATIONAL COURTS OR TRIBUNALS BY VIRTUE OF ARTICLE 49 OF THE EAEC TREATY .
10 IT SHOULD BE OBSERVED IN THIS REGARD THAT ARTICLE 152 OF THE EAEC TREATY GIVES THE COURT OF JUSTICE JURISDICTION "IN ANY DISPUTE BETWEEN THE COMMUNITY AND ITS SERVANTS WITHIN THE LIMITS AND UNDER THE CONDITIONS LAID DOWN IN THE STAFF REGULATIONS OR THE CONDITIONS OF EMPLOYMENT" AND ONLY WHERE JURISDICTION IS NOT CONFERRED UPON THE COURT OF JUSTICE BY THE EAEC TREATY IS IT PROVIDED IN THE FIFTH PARAGRAPH OF ARTICLE 49 THAT "DISPUTES IN WHICH JOINT UNDERTAKINGS ARE CONCERNED SHALL BE DETERMINED BY THE APPROPRIATE NATIONAL COURTS OR TRIBUNALS ".
11 IN THE PRESENT CASES, THE APPLICANTS CLAIM THE RIGHT TO BE RECRUITED BY THE COMMISSION TO TEMPORARY POSTS UNDER THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES AND CONTEST THE LEGALITY OF THE DECISION REFUSING TO RECRUIT THEM TO SUCH POSTS . THE COMMISSION DOES NOT DISPUTE THAT THAT DECISION, SIGNED BY THE DIRECTOR OF JET, WAS TAKEN ON ITS BEHALF BY VIRTUE OF A DELEGATION OF POWERS .
12 FURTHERMORE, AS THE COURT HELD IN ITS JUDGMENT OF 11 MARCH 1975 IN CASE 65/74 PORRINI AND OTHERS V EAEC (( 1975 )) ECR 319, ARTICLE 152 OF THE EAEC TREATY MUST BE INTERPRETED AS MEANING THAT IT APPLIES NOT ONLY TO PERSONS WHO HAVE THE STATUS OF OFFICIALS OR OF SERVANTS OTHER THAN LOCAL STAFF BUT ALSO TO PERSONS CLAIMING THAT STATUS .
13 CONSEQUENTLY, ONLY THE COURT OF JUSTICE HAS JURISDICTION UNDER ARTICLE 152 OF THE EAEC TREATY TO ADJUDICATE ON THE PRESENT APPLICATIONS .
14 THE COMMISSION AND THE COUNCIL CONTEND IN THE SECOND PLACE THAT THE CLAIMS FOR ANNULMENT ARE INADMISSIBLE AS BEING OUT OF TIME . IN THEIR VIEW, THE CONTESTED DECISION REFUSING TO RECRUIT THE APPLICANTS MERELY CONFIRMED DECISIONS WHICH, BETWEEN 1978 AND 1983, DEFINED THE APPLICANTS' POSITION AND WHICH BECAME DEFINITIVE BECAUSE THEY WERE NOT CHALLENGED IN GOOD TIME .
15 THAT ARGUMENT CANNOT BE ACCEPTED . IT IS CLEAR FROM THE DOCUMENTS SUBMITTED TO THE COURT THAT FROM 1978 TO 1983 THE APPLICANTS WERE RECRUITED BY THE UKAEA AND IN THAT CAPACITY WERE MADE AVAILABLE TO THE JOINT UNDERTAKING IN ORDER THAT THEY MIGHT JOIN THE PROJECT TEAM . THE SUBJECT OF THE DECISIONS ADOPTED FOR THAT PURPOSE, WHICH DETERMINED ONLY THE CONDITIONS ON WHICH THE APPLICANTS WERE ENGAGED BY THE UKAEA, WAS DIFFERENT FROM THAT OF THE CONTESTED DECISION . THAT DECISION CANNOT THEREFORE BE REGARDED AS CONFIRMING THE EARLIER DECISIONS . THE CLAIMS FOR ANNULMENT ARE THEREFORE NOT OUT OF TIME .
16 FINALLY, THE DEFENDANT INSTITUTIONS CONTEND THAT, SINCE THE CLAIMS FOR ANNULMENT ARE INADMISSIBLE, THE CLAIMS FOR DAMAGES MUST ALSO BE INADMISSIBLE . IT MUST BE POINTED OUT IN THIS REGARD THAT THE COURT HAS REPEATEDLY HELD THAT THE ACTION FOR DAMAGES WAS INTRODUCED AS AN AUTONOMOUS FORM OF ACTION, WITH A