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Dokumentum 61976CJ0005
Sprendimo santrauka
Sprendimo santrauka
1 . OFFICIALS - REQUEST THROUGH OFFICIAL CHANNELS - IMPLIED REJECTION - EXPRESS REJECTION WITHIN THE PERIOD FOR COMMENCING PROCEEDINGS - DATE - FRESH PERIOD - NOTIFICATION OF REJECTION - DELAY NOT TO BE TAKEN INTO ACCOUNT
( STAFF REGULATIONS OF OFFICIALS , ARTICLE 91 ( 3 ), SECOND INDENT )
2 . OFFICIALS - APPLICATION TO THE COURT - ACT ADVERSELY AFFECTING AN OFFICIAL - BELATED NOTIFICATION - PERIOD FOR COMMENCING PROCEEDINGS - CALCULATION
( STAFF REGULATIONS OF OFFICIALS , ARTICLES 90 AND 91 )
1 . AN EXPRESS DECISION REJECTING A COMPLAINT , ADOPTED WITHIN THE PERIOD FOR COMMENCING PROCEEDINGS AND AFTER THE IMPLIED DECISION REJECTING IT WITHIN THE MEANING OF THE SECOND INDENT OF ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS , MUST BE REGARDED AS ARISING AT THE DATE ON WHICH IT WAS ADOPTED BY THE COMPETENT AUTHORITY AND AS STARTING A NEW PERIOD TO BEGIN TO RUN WITHOUT ANY DELAY IN NOTIFICATION BEING TAKEN INTO ACCOUNT .
2 . IN THE EVENT OF THE BELATED NOTIFICATION ON AN ACT ADVERSELY AFFECTING AN OFFICIAL THE PERIOD FOR COMMENCING PROCEEDINGS MUST BE CALCULATED FROM THE DATE OF NOTIFICATION IF THE DELAY IS NOT ATTRIBUTABLE TO THE PERSON CONCERNED .