40However, the premiss of that reclassification is that the temporary member of staff, who is progressing in his career or whose duties are changing, maintains an employment relationship characterised by continuity with his employer. If a member of staff should enter into a contract containing a material, and not a technical, amendment to the nature of his duties, the premiss of the application of the first paragraph of Article 8 of the CEOS is no longer valid. Indeed, it would be contrary to the spirit of the first paragraph of Article 8 of the CEOS to allow every renewal to be taken into consideration for the purposes of the application of the rule contained in the article. Thus, despite what the EMA maintains to the contrary, the Civil Service Tribunal, at paragraphs 48 and 49 of the judgment under appeal, did clarify the concept of interruption of the career path sufficiently in law by holding that this involved a material change in the duties performed by the member of staff such as to affect the functional continuity of his employment relationship with the administration. Therefore, the EMA’s argument must be rejected.
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