Keywords
Summary

Keywords

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OFFICIALS - APPEAL - PRIOR ADMINISTRATIVE COMPLAINT - TIME PERIODS - LIMITATION - REOPENING - CONDITIONS - NEW FACT

( STAFF REGULATIONS OF OFFICIALS, ARTS 90 AND 91 )

Summary

AN OFFICIAL CANNOT REOPEN THE PERIOD FOR LODGING AN APPEAL PROVIDED FOR IN ARTICLE 91 OF THE STAFF REGULATIONS BY LODGING A COMPLAINT ABOUT A MATTER WHICH HAS ALREADY BEEN SETTLED BY AN INDIVIDUAL DECISION WHICH HAS BECOME FINAL . ONLY THE EMERGENCE OF A NEW FACT IS CAPABLE OF CAUSING TIME TO START RUNNING AGAIN SO AS TO ENABLE CONTENTIOUS PROCEEDINGS TO BE INSTITUTED AGAINST SUCH A DECISION . IF A JUDGMENT OF THE COURT ANNULLING AN ADMINISTRATIVE MEASURE IS CAPABLE OF CONSTITUTING A NEW FACT, THIS IS SO ONLY AS REGARDS THE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED .