46The interveners point out that it follows from the judgment of the Court of Justice in Case C-185/90 PCommission v Gill [1991] ECR I-4779 that the pre-recruitment medical examination is solely in the interest of the institution. It was thus really introduced, according to the interveners, to safeguard the budgetary equilibrium of the institution concerned by preventing it from having to bear major expenses in the long or short term. Such an objective is not compatible with the right to respect for private life, as laid down in Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’). The interveners add that in this case the mere fact of an HIV screening test having been carried out in itself constitutes an infringement of the right to respect for private life, since such a test was totally pointless and superfluous as the applicant had already stated that he was seropositive.