RESPECT OF THE PERIOD FROM JUNE 1954 TO OCTOBER 1958 , TOGETHER WITH INTEREST .
8 HAVING REGARD TO THE APPLICANT ' S GRADE ON THE DATE OF HIS ESTABLISHMENT AND OF THE AMOUNT TRANSFERRED BY THE LUXEMBOURG FUND , THE COMMISSION CALCULATED IN APRIL 1980 THAT THE PERIOD OF PENSIONABLE SERVICE WITH WHICH HE WAS TO BE CREDITED AMOUNTED TO 10 MONTHS AND 29 DAYS .
9 BY LETTER OF 23 APRIL 1980 ADDRESSED TO THE COMMISSION ' S DIRECTORATE OF PERSONNEL , THE APPLICANT CHALLENGED THE COMMISSION ' S INTERPRETATION OF THE EXPRESSION ' ' GRADE ON ESTABLISHMENT ' ' USED IN ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS . HE CONTENDED PRIMARILY THAT THE CONCEPT OF ' ' GRADE ON ESTABLISHMENT ' ' , WITHIN THE MEANING OF ARTICLE 34 OF THE STAFF REGULATIONS , HAD NOT FORMALLY COME INTO EXISTENCE AT THE TIME OF HIS ENGAGEMENT AS AN OFFICIAL , THAT IS TO SAY , IN OCTOBER 1958 , AND DEDUCED FROM THIS THAT SINCE THE INTENTION BEHIND ARTICLE 34 OF THE STAFF REGULATIONS WAS THAT REFERENCE SHOULD BE MADE TO THE COMMENCEMENT OF THE CAREER , IT WAS NECESSARY TO TAKE THE DATE OF HIS ENGAGEMENT AND NOT THAT ON WHICH HE BECAME SUBJECT TO THE STAFF REGULATIONS , ADOPTED IN 1962 , FOR THE PURPOSE OF CALCULATING HIS RIGHTS .
10 SINCE THE COMMISSION REJECTED HIS REQUEST BY LETTER OF 18 NOVEMBER 1980 , THE APPLICANT BROUGHT THIS ACTION . HE MAINTAINS THAT HE WAS ENGAGED AS ' ' AN OFFICIAL ' ' AND NOT AS AN AUXILIARY , TEMPORARY OR OTHER SERVANT . THAT EMERGES FROM THE COMMISSION ' S LETTER OF 25 OCTOBER 1958 APPOINTING HIM TO PERFORM THE ' ' DUTIES ' ' OF A MEMBER OF THE INDUSTRIAL AFFAIRS DIVISION , FROM THE NOTICE OF 19 NOVEMBER 1958 CONCERNING THE TAKING UP OF HIS DUTIES AND FROM THE LETTER OF 3 DECEMBER 1958 PLACING HIM IN GRADE A 6 , STEP 3 . IN HIS OPINION , THE STATEMENT CONTAINED IN THE LETTER TO THE EFFECT THAT ' ' AT THE PRESENT STAGE OF THE ORGANIZATION OF THE COMMUNITY , THIS ENGAGEMENT CAN BE ONLY PROVISIONAL IN NATURE AND MAY BE TERMINATED BY EITHER PARTY AT ANY TIME BY ONE MONTH ' S NOTICE ' ' CONSTITUTES MERELY A FORMAL CLAUSE LINKED EXCLUSIVELY TO THE RIGHT OF DISMISSAL BUT UNRELATED TO THE OTHER CHARACTERISTICS OF THE PUBLIC SERVICE .
11 THE APPLICANT CEASED TO BE AFFILIATED IN ANY WAY TO THE SCHEME OF THE LUXEMBOURG FUND WHEN HE JOINED THE COMMUNITIES ' PENSION SCHEME IN OCTOBER 1958 . IT WOULD , IN HIS VIEW , BE ARBITRARY TO TAKE AS THE REFERENCE PERIOD FOR THE PURPOSE OF CALCULATING THE ACTUARIAL EQUIVALENT A CAREER LEVEL ATTAINED BY HIM MORE THAN THREE YEARS AFTER HE DISCONTINUED HIS AFFILIATION TO THE LUXEMBOURG FUND AND JOINED THE SCHEME OF THE COMMUNITIES . SUCH AN INTERPRETATION WOULD LEAD TO DISCRIMINATION