Question juridique clé
Whether the unapproved 1997 service regulations could be applied to fill the gap in the employment relationship.
Solution extraite
The regulations could be used as gap-filling rules in this special public-law employment relationship; relying on them was not arbitrary.
Motifs extraits
The parties had long treated the regulations as governing their relationship; the regulations were based on the employer's prior practice and orientation toward private law; their later non-approval created a gap that the court could fill by applying the same rules rather than the state personnel act.