PERMANENT PROVISIONS OF THE STAFF REGULATIONS . APART FROM THE QUESTION WHETHER ARTICLE 102 OF THE STAFF REGULATIONS IS SUFFICIENTLY EXPLICIT TO BE APPLIED WITHOUT ANY OTHER IMPLEMENTING MEASURE, IT MUST BE STATED THAT IT ONLY GOVERNS SITUATIONS LIMITED TO A CERTAIN PERIOD OF TIME . SINCE THEY RELATE TO AN ESSENTIALLY TRANSITIONAL PROVISION, THE MEASURES ADOPTED FOR GIVING EFFECT TO IT CONSEQUENTLY CANNOT BE GENERAL IN NATURE . IN THESE CIRCUMSTANCES, THE REGULATIONS ADOPTED BY THE COMMISSION ON 13 DECEMBER 1961 AND 9 MARCH 1962 TO IMPLEMENT ARTICLE 102 ARE SPECIAL IMPLEMENTING MEASURES WHICH ARE NOT TO BE CONFUSED WITH THE GENERAL IMPLEMENTING MEASURES WITH WHICH ARTICLE 110 IS CONCERNED AND THUS DID NOT NEED TO BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN THAT ARTICLE .
THE FIRST SUBMISSION IS THEREFORE UNFOUNDED .
INFRINGEMENT OF THE LAST SENTENCE OF ARTICLE 5 OF THE STAFF REGULATIONS
THE APPLICANT MAINTAINS THAT THE DECISION TO TERMINATE HIS CONTRACT IS VOID BY REASON OF THE IRREGULARITY OF THE INTEGRATION PROCEDURE AND SINCE THE DEFINITION OF THE DUTIES AND POWERS ATTACHING TO POSTS, PROVIDED FOR IN THE LAST SENTENCE OF ARTICLE 5 OF THE STAFF REGULATIONS, WAS NOT ADOPTED BEFOREHAND IN ACCORDANCE WITH ARTICLE 110 .
THE PRINCIPAL AIM OF THE DEFINITION OF DUTIES IS TO FACILITATE THE CLASSIFICATION, ON THE BASIS OF ANNEX I TO THE STAFF REGULATIONS, OF THE SERVANTS INTEGRATED UNDER THE REGULATIONS . IT CANNOT THEREFORE BE CONSIDERED AS AN INDISPENSABLE LEGAL PROCEDURE FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 102 . MOREOVER,IN VIEW OF THE COMPLEXITY OF THE TASK OF DEFINING THE VARIOUS POSTS AND THE TIME INVOLVED, AND TAKING ACCOUNT OF EACH INSTITUTION'S NEED TO INTEGRATE ITS SERVANTS AS QUICKLY AS POSSIBLE, IT MUST BE ACCEPTED THAT THE DISPUTED DECISION DISCLOSES NO IRREGULARITY IN THIS RESPECT .
INFRINGEMENT OF THE RIGHTS OF THE DEFENCE AND THE GENERAL PRINCIPLES OF LAW
THE APPLICANT PUTS FORWARD A SERIES OF FACTS WHICH, ACCORDING TO HIM, ESTABLISH THAT THE PROCEDURE FOLLOWED BEFORE THE ESTABLISHMENT BOARD DISREGARDED THE RIGHTS OF THE DEFENCE AS WELL AS THE GENERAL PRINCIPLES OF LAW . IT IS AGREED THAT THE REPORT ON THE APPLICANT'S ABILITY, EFFICIENCY AND CONDUCT IN THE SERVICE PREPARED BY HIS SUPERIORS CONCLUDED THAT HE WAS NOT FIT TO PERFORM THE DUTIES OF HIS POST . BY VIRTUE OF ARTICLE 102 ( 1 ) OF THE STAFF REGULATIONS AN UNFAVOURABLE OPINION BY THE ESTABLISHMENT BOARD BINDS THE APPOINTING AUTHORITY . BEFORE ISSUING SUCH AN OPINION THIS BOARD MUST HOWEVER AFFORD THE PERSON CONCERNED AN OPPORTUNITY TO SUBMIT HIS COMMENTS ON THE FACTORS CAPABLE OF INFLUENCING HIS INTEGRATION . THIS REQUIREMENT IS SATISFIED WHEN THE PERSON CONCERNED HAS BEEN HEARD BY THE SAID BOARD IN CONNEXION WITH THE FACTORS IN THE REPORT WHICH FORMED THE BASIS FOR ITS DECISION AND FROM WHICH IT DREW ITS CONCLUSIONS .
A DIFFERENT SITUATION WOULD OBTAIN IF THE CONCLUSIONS OF THE REPORT HAD BEEN AMENDED AFTER HEARING NEW WITNESSES WITHOUT THE ISSUE OF ANY INVITATION