PERIOD LAID DOWN IN ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES , WHICH PROVIDES THAT AN APPEAL TO THE COURT OF JUSTICE IS ADMISSIBLE ONLY IF A COMPLAINT HAS PREVIOUSLY BEEN SUBMITTED TO THE APPOINTING AUTHORITY WITHIN THREE MONTHS OF THE ACT ADVERSELY AFFECTING THE PERSON CONCERNED .
19IN THE PRESENT CASE , THAT ACT CONSISTS ACCORDING TO THE DEFENDANT , IN THE LETTER OF 14 SEPTEMBER 1976 FROM THE HEAD OF THE INDIVIDUAL RIGHTS AND PRIVILEGES DIVISION OF THE DIRECTORATE FOR PERSONNEL STATING IN ANSWER TO THE APPLICANT ' S CLAIMS THAT IT WAS IMPOSSIBLE TO COUNT A PERIOD OF EMPLOYMENT AS A MEMBER OF THE AUXILIARY STAFF FOR THE PURPOSE OF RETIREMENT PENSION , AND WAS NOT FOLLOWED BY A COMPLAINT FROM THE APPLICANT UNTIL 20 JULY 1977 , THAT IS TO SAY TEN MONTHS AFTER THE LETTER FROM THE DIRECTORATE FOR PERSONNEL AND THUS OUT OF TIME , WHICH MAKES THE APPLICATION INADMISSIBLE ON THIS POINT .
20THE APPLICANT ALSO FAILED TO OBSERVE THE LIMITATION PERIOD LAID DOWN IN ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS , WHICH IS THREE MONTHS AS FROM THE DATE OF EXPIRY OF THE PERIOD PRESCRIBED FOR REPLY ( NAMELY FOUR MONTHS FROM THE DATE ON WHICH THE REQUEST FOR A DECISION WAS MADE ) WHERE THE COMPLAINT CONCERNS AN IMPLIED DECISION OF REJECTION WITHIN THE MEANING OF ARTICLE 90 ( 1 ).
21BY A LETTER OF 13 AUGUST 1976 , THE APPLICANT REQUESTED THE HEAD OF THE INDIVIDUAL RIGHTS AND PRIVILEGES DIVISION FOR HER PERIOD OF EMPLOYMENT AS AN EXPERT TO BE ASSIMILATED TO PERIODS OF PENSIONABLE SERVICE AS AN OFFICIAL OR A MEMBER OF THE TEMPORARY STAFF FOR THE PURPOSE OF HER RETIREMENT PENSION .
22THE COMPLAINT AGAINST THE IMPLIED REJECTION OF THIS REQUEST OF 13 AUGUST 1976 WAS NOT LODGED UNTIL 20 JULY 1977 , THEREFORE THE SUBSEQUENT APPEAL TO THE COURT OF JUSTICE MUST BE DECLARED INADMISSIBLE PURSUANT TO ARTICLE 91 ( 2 ) OF THE STAFF REGULATIONS .
23IT EMERGES FROM THE DOCUMENT INCLUDED IN THE CASE FILE THAT ALTHOUGH IN 1976 AND 1977 LETTERS PASSED BETWEEN THE ADMINISTRATIVE DEPARTMENTS OF THE DIRECTORATE FOR PERSONNEL AND THE APPLICANT CONCERNING HER PENSION RIGHTS IN RELATION TO HER PERIODS OF EMPLOYMENT AS AN EXPERT AND AS A MEMBER OF THE AUXILIARY STAFF , THEY WERE ONLY ACTS COMING WITHIN THE CATEGORY OF ADMINISTRATIVE INFORMATION , BECAUSE THEY DID NOT COME FROM AN APPOINTING AUTHORITY AS REQUIRED BY THE CONDITIONS OF EMPLOYMENT FOR ESTABLISHING A DECISION .
24THE FIRST ACT HAVING THE CHARACTER OF A DECISION WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS DATES FROM 30 JUNE 1977 , COMES FROM THE DIRECTOR OF PERSONNEL , AND REFUSES TO TAKE THE YEARS OF EMPLOYMENT AS AN EXPERT BY THE COMMISSION INTO ACCOUNT FOR THE CALCULATION OF PENSION RIGHTS ACQUIRED UNDER THE COMMUNITY SCHEME .
25THE APPLICANT BROUGHT A COMPLAINT AGAINST THIS ACT ADVERSELY AFFECTING