Keywords
Summary

Keywords

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Officials - Actions - Prior administrative complaint - Time-limit - Expiry - Reopening - Conditions - New fact

( Staff Regulations of Officials, Arts 90 and 91 )

Summary

Although Article 90 ( 1 ) of the Staff Regulations provides that any official may request the appointing authority to take a decision relating to him, that right does not allow an official to circumvent the time-limits laid down in Articles 90 and 91 of the Staff Regulations for the lodging of a complaint and an appeal by indirectly calling in question by means of a request a previous decision which has not been challenged within the period prescribed . Only the existence of new substantial facts may justify the submission of a request for a review of such a decision .

Where an applicant wishes to contest, after the expiry of the prescribed period, the decision of a Selection Board refusing to admit him to tests in a competition, neither a judgment of the Court annulling, on different grounds, a similar decision relating to other candidates, nor a change in the membership of the Board as a result of the replacement of members who have resigned, may be considered a new fact .