Whilst 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.
In view of the differences between the classification rules applicable to successful candidates in competitions and those applicable to promotions, an official cannot rely on a new fact stemming from the classification obtained by certain of his colleagues on promotion in order to challenge the classification which he was given after passing a competition.
Citations:
T-58/89, [1991] EUECJ T-58/89
Links:
Jurisdiction:
European
European
Updated: 06 June 2022; Ref: scu.172345
