ECLI:EU:T:2004:289

JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber)5 October 2004(1) (Staff employed at the JET Joint Undertaking – Equal treatment – Failure to confer status of temporary servant – Article 152 EA – Reasonable time – Material damage sustained) applicants, v defendant, intervener, THE COURT OF FIRST INSTANCEOF THE EUROPEAN COMMUNITIES (First Chamber), gives the following … ‘8.1. The project team shall assist the Director of the project in the performance of his duties. Its staff shall be fixed in the staff establishment as defined in the annual budget. It shall be composed of staff coming from the members of the Joint Undertaking as provided for in point 8.3 and of other personnel. The staff of the project team shall be recruited in accordance with the provisions of [Articles] 8.4 and 8.5 below. 8.2. The composition of the project team shall strike a reasonable balance between the need to guarantee the Community nature of the project, especially in the case of posts for which qualifications of a certain level are required (physicists, engineers, administrative staff at an equivalent level) and the need to give the Director of the project the widest possible authority in the matter of staff selection in the interests of efficient management. In applying this principle account shall also be taken of the interests of the non-Community members of the Joint Undertaking. 8.6. All staff forming part of the project team shall come under the sole management authority of the Director of the project. ‘8.4. Staff made available by Parent Organisations shall be seconded to the Joint Undertaking and shall: ‘8.7. All staff expenditure, including reimbursement of staff expenditure incurred by the seconding Parent Organisations and expenditure related to staff assigned to the Joint Undertaking by the Commission and the host organisation prior to the entry into force of the above provisions, shall be borne by the Joint Undertaking.’ On those grounds, THE COURT OF FIRST INSTANCE (First Chamber) Vesterdorf Jaeger Legal H. Jung B. Vesterdorf Registrar President 1 – Language of the case: English.