AGAINST THE DECISION ADVERSELY AFFECTING HIM . THE COURT OF AUDITORS WAS THEREFORE ENTITLED TO CONSIDER THAT MR PRESSLER-HOEFT' S "REQUEST FOR RE-CLASSIFICATION" OF 14 JANUARY 1985 IN FACT CONSTITUTED A COMPLAINT WHICH, PURSUANT TO ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS, SHOULD HAVE BEEN SUBMITTED WITHIN THREE MONTHS OF THE ACT ADVERSELY AFFECTING HIM, NAMELY THE CONTRACT OF EMPLOYMENT WHICH CAME INTO EFFECT ON 1 JANUARY 1984 .
6 A REQUEST UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS SUBMITTED AFTER THE EXPIRY OF THE TIME-LIMIT FOR BRINGING AN ACTION AGAINST THE ACT ADVERSELY AFFECTING THE PERSON CONCERNED IS ADMISSIBLE ONLY IF NEW FACTS HAVE ARISEN WHICH JUSTIFY A RE-CONSIDERATION OF THE SITUATION .
7 THE APPLICANT CONSIDERS THAT IN HIS CASE, SUCH NEW FACTS DO INDEED EXIST, NAMELY THE DISTRIBUTION ON 10 JANUARY 1985 OF A DOCUMENT ENTITLED "ORIENTATIONS CONCERNANT LA GESTION DE PERSONNEL", (( GUIDELINES FOR PERSONNEL MANAGEMENT )), A MEMORANDUM FROM A MEMBER OF THE COURT OF AUDITORS AND A CERTIFICATE ISSUED BY HIS HEAD OF SECTION, WHICH DOCUMENTS REVEALED THAT THE DUTIES HE WAS PERFORMING WERE ACTUALLY THOSE OF AN OFFICIAL IN CATEGORY A . THE SAME CONCLUSIONS MAY ALSO BE DRAWN FROM THE DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS OF 18 JULY 1985 .
8 WITH REGARD TO THE "ORIENTATIONS CONCERNANT LA GESTION DU PERSONNEL", IT CAN BE SEEN FROM THE FILE AND FROM WHAT WAS SAID AT THE HEARING THAT THAT DOCUMENT IS A DRAFT WHICH HAS NOT BEEN APPROVED BY THE APPOINTING AUTHORITY AND WHICH, CONSEQUENTLY, COULD NOT PRODUCE LEGAL EFFECTS . IT IS THEREFORE NOT A DOCUMENT LAYING DOWN GENERAL CRITERIA FOR CLASSIFICATION AND CAPABLE, FOR THAT REASON, OF CONSTITUTING A NEW FACT IN THE SENSE THAT IT CAUSED THE APPLICANT TO DISCOVER THAT HE HAD BEEN CLASSIFIED IN A GRADE BELOW THAT CORRESPONDING TO THE DUTIES HE ACTUALLY PERFORMED .
9 THE MEMORANDUM FROM A MEMBER OF THE COURT OF AUDITORS TO THE PRESIDENT, FOR ITS PART, MERELY RECOMMENDS EMPLOYING THE APPLICANT IN A POST AT GRADE A 7 IN THE "OWN-RESOURCES" SECTOR, AFTER STATING THAT IN BUDGETARY TERMS, HE WAS UNDER-OCCUPYING AN A 7 PERMANENT POST . THAT DOCUMENT SAYS NOTHING ABOUT THE DUTIES WHICH THE APPLICANT ACTUALLY PERFORMED AND THE MERE FACT THAT, FOR BUDGETARY PURPOSES, HIS SALARY WAS PAID OUT OF CREDITS ALLOCATED FOR AN A 7 POST IS NOT SUFFICIENT TO SHOW THAT HE WAS ACTUALLY PERFORMING DUTIES PERTAINING TO THAT GRADE . CONSEQUENTLY, THE APPLICANT CANNOT RELY ON THAT DOCUMENT TO SHOW THAT HE WAS ACTUALLY PERFORMING THE DUTIES OF AN OFFICIAL IN GRADE A 7 .
10 THE CERTIFICATE FROM THE APPLICANT' S HEAD OF SECTION, DRAWN UP IN NOVEMBER 1984, MENTIONS THAT THE APPLICANT TOOK PART IN INSPECTION VISITS TO THE COMMISSION IN BRUSSELS AND AT THE OFFICES OF NATIONAL AUTHORITIES WITHOUT INDICATING THAT THE INSPECTION MISSIONS WERE CARRIED OUT BY HIM PERSONALLY AND ON HIS OWN RESPONSIBILITY . HOWEVER, AS THE COURT OF AUDITORS HAS