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Document 61969CJ0024
Sammendrag af dom
Sammendrag af dom
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1 . OFFICIALS - APPLICATIONS - TIME-LIMITS - NATURE - EXTENSION - NOT PERMISSIBLE
( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )
2 . OFFICIALS - APPLICATIONS - FAILURE TO ACT ON THE PART OF THE ADMINISTRATION - CONCEPT
( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )
3 . OFFICIALS - APPLICATIONS - IMPLIED REJECTION - EXPIRATION OF PERIOD FOR BRINGING APPLICATION - EXPRESS REJECTION - ABSENCE OF NEW FACTOR - CONFIRMATORY NATURE - NO ACT ADVERSELY AFFECTING THE OFFICIAL
( STAFF REGULATIONS OF OFFICIALS, ARTICLE 91 )
1 . THE TWO PERIODS MENTIONED IN ARTICLE 91 OF THE STAFF REGULATIONS ARE INTENDED TO ENSURE WITHIN THE COMMUNITY INSTITUTIONS THE LEGAL CERTAINTY INDISPENSABLE TO THEIR PROPER FUNCTIONING .
IT IS NOT THEREFORE FOR THE PARTIES CONCERNED TO EXTEND THEM AT THEIR PLEASURE .
2 . A NOTICE TO THE APPLICANT THAT HIS COMPLAINT IS UNDER CONSIDERATION CANNOT OF ITSELF HAVE ANY LEGAL EFFECT AND CANNOT BE CONSIDERED AS A DECISION WITHIN THE MEANING OF ARTICLE 91 OF THE STAFF REGULATIONS .
3 . THE EXPRESS REJECTION OF A REQUEST OR COMPLAINT, AFTER EXPIRY OF THE PERIOD FOR LODGING AN APPLICATION ON THE GROUND OF ITS IMPLIED REJECTION, WHICH CONTAINS NO NEW FACTOR RELATING TO THE POSITION IN LAW OR IN FACT EXISTING AT THE TIME OF REJECTION IS A PURELY CONFIRMATORY MEASURE AND IS NOT CAPABLE OF ADVERSELY AFFECTING AN OFFICIAL .