However, in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person’s trade, business or profession and the trade, business or professional purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered as a consumer.

However, in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person’s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered as a consumer.

The fact that the temporary staff contract contained a termination clause, allowing the administration to terminate the contract where the staff member concerned has not been successful in a competition the organisation of which had been announced within a certain period, does not, notwithstanding the wording of the contract, enable it to be described as a contract for an indefinite period, which is characterised by the permanency of the post.

62. Calls for apprenticeship contracts, while protecting the apprentice and providing for a certain flexibility and flexible measures for their application, to permit termination of the contract if the person concerned proves unsuited to his employment or is guilty of serious misconduct;

In offering a number of members of staff who had successfully participated in internal selection procedures a temporary staff contract of indefinite duration, containing a termination clause applicable only where the members of staff concerned are not included on a reserve list drawn up following an open competition, thus giving a clear commitment to maintaining the persons concerned permanently within the institution provided that they appear on such a reserve list, and then limiting the number of successful candidates on the lists of suitable candidates drawn up following two competitions — open competitions, moreover — to the precise ...[+++]number of posts to be filled, the institution radically and objectively reduces the chances for the members of staff concerned, taken together, to avoid the application of the termination clause and, accordingly, renders the scope of its contractual commitments towards its temporary staff meaningless in part.

38. Stresses, therefore, that insurance companies should in no way be entitled to request, either before or after an insurance contract has been concluded, that genetic testing be carried out or that the findings of genetic tests already conducted be passed on to them; insists further that genetic testing should not become a precondition for an insurance contract; considers that insurers may ask to be informed about the genetic data of which an insured person knows, where extremely high amounts are insured and there is any suspicion that the insured person is acting on the basis of such prior knowledge;