Keywords
Summary

Keywords

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Officials - Staff Regulations - Conditions of Employment of Other Servants - Scope - Language teachers - Contracts governed by the law of a Member State - Whether permitted

( Staff Regulations; Conditions of Employment of Other Servants )

Summary

The Staff Regulations of Officials and the Conditions of Employment of Other Servants do not constitute an exhaustive body of rules prohibiting the employment of persons otherwise than within the framework of those rules . On the contrary, the Commission' s powers to conclude contracts governed by the law of a Member State extends to contracts of employment or contracts for the provision of services .

Such contracts will, however, be unlawful if the Community determines the terms of employment not in the light of the needs of the service, but with a view to avoiding the application of the Staff Regulations or the Conditions of Employment of Other Servants .

That is not the case in regard to the recruitment of language teachers on the basis of contracts for an indefinite period governed by the law of a Member State . Although linguistic training for the staff is undoubtedly important for the proper functioning of the institutions of a multilingual Community, it does not constitute one of the functions which the Treaties assign to the institutions . In those circumstances, it must be accepted that the Commission has a discretion as to the most appropriate means of meeting a need of that kind in the light of the interests of the service .