ARTICLE 102 OF THE STAFF REGULATIONS IS VOID OWING TO THE FAILURE TO ADOPT THE GENERAL PROVISIONS FOR GIVING EFFECT TO IT IN COMPLIANCE WITH THE FIRST PARAGRAPH OF ARTICLE 110 .
THE IMPLEMENTING PROVISIONS PROVIDED FOR IN ARTICLE 110 ARE OF A ' GENERAL ' NATURE . THEY ARE THEREFORE ONLY NECESSARY FOR THE IMPLEMENTATION OF THE PERMANENT PROVISIONS OF THE STAFF REGULATIONS . IN THIS CASE, 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 INTEGRATION PROCEDURE IN DISPUTE IS IRREGULAR 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, AND THAT THIS IRREGULARITY INVALIDATES THE DECISION TO TERMINATE HIS CONTRACT OF EMPLOYMENT .
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 . IN THIS CASE 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 AUDI ALTERAM PARTEM PRINCIPLE 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 AUDI ALTERAM PARTEM PRINCIPLE 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 DRAWING UP SUCH AN OPINION THIS BOARD MUST HOWEVER AFFORD THE PERSON CONCERNED AN OPPORTUNITY TO SUBMIT HIS COMMENTS ON THE FACTORS