103Although there is nothing in the CEOS which prevents the AECE, by means of contractual provisions which are more favourable for staff, from limiting, in the interests of those staff, its power under Article 47 of the CEOS to terminate employment contracts which have been lawfully concluded (judgments of 30 November 1994 in Düchs v Commission, T‑558/93, EU:T:1994:279, paragraph 43, and 7 July 2004 in Schmitt v EAR, T‑175/03, EU:T:2004:214, paragraph 53), it may not, however, outside the situations contemplated by the CEOS, unilaterally release itself from its contractual undertaking with the staff member concerned. In particular, an offer of employment addressed to a candidate with a view to his appointment as a member of the temporary staff is, admittedly, merely a statement of intent and, as such, a preparatory measure which does not create rights and may be withdrawn, for example where the AECE discovers, after making the offer of employment, that the person concerned does not satisfy one of the conditions of engagement laid down in the CEOS, the vacancy notice or internal rules (see, to that effect, judgment of 23 October 2012 in Eklund v Commission, F‑57/11, EU:F:2012:145, paragraph 66, and the order of 10 July 2014 in Mészáros v Commission, F‑22/13, EU:F:2014:189, paragraph 73). However, the situation is different where such an offer has been accepted, has been expressed in a decision of the AECE, such as the decision of 7 November 2013, and the new contractual relationship has, in fact, already begun to be put into practice. In such a situation, the mutual agreement between the contracting parties gives rise to new contractual obligations which limit the AECE’s power to act unilaterally outside the situations expressly provided for by the CEOS, such as those referred to in Article 47 of the CEOS, and, in any event, to act retroactively.
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