Opinion of Mr Advocate General Van Gerven delivered on 1 March 1989

1 Original language: French.

2 Article I of Commission Decision 85/593/Luralom of 20 November 1985 on the reorganization of the Joint Research Centre (JRC) (OJ 1985, L 373, p 6)

3 In both those cases the applicants were scientific officers in a Joint Research Centre establishment whose leave on personal grounds had expired and who were claiming the right to be reinstated to various posts In both cases the Court ordered an expert's report in order to determine whether the applicants had the qualifications required to carry out the duties set out in a number of vacano notices Those nonces related to posts both in the Commission's administrative services and in the various Joint Research Centre establishments

4 Should the applicant have left his desire to be reinstated in any doubt, it is self-evident that the administration is not bound to reinstate him until that doubt has been dispelled (see the judgment of 27 October 1977 in Joined Cases 126/75, 34 and 92/76 Giry v Commission [1977] ECR 1937).