THE INSTITUTION TO WHICH THE OFFICIAL BELONGS AND SHALL BE PUBLISHED IN THE MONTHLY STAFF BULLETIN OF THE COMMUNITIES ' ' ,
MAINTAINS THAT A DECISION MAY ONLY BE CONSIDERED AS VALIDLY PUBLISHED AFTER IT HAS BEEN POSTED IN THE PREMISES OF THE INSTITUTION AND PUBLISHED IN THE MONTHLY STAFF BULLETIN OF THE COMMUNITIES . SINCE THAT LATTER PUBLICATION TOOK PLACE IN JANUARY 1979 THE COMPLAINT WAS LODGED WITHIN THE PERIOD REQUIRED BY THE STAFF REGULATIONS .
21 WHILST IT IS INDEED TRUE THAT ARTICLE 25 OF THE STAFF REGULATIONS SPECIFIES THAT ALL DECISIONS RELATING TO SPECIFIC INDIVIDUALS REGARDING THE PROMOTION OF AN OFFICIAL MUST BE POSTED AND PUBLISHED IT SHOULD BE NOTED THAT , WITH REGARD TO THIRD PARTIES WHO ARE CONCERNED , THE GENERAL SCHEME OF THE SECOND INDENT OF ARTICLE 90 ( 2 ) IMPLIES THAT THE PERIOD DURING WHICH A COMPLAINT MUST BE LODGED STARTS TO RUN AS FROM THE DAY WHEN THE THIRD PARTY CONCERNED RECEIVES NOTIFICATION OF THE MEASURE IN DISPUTE BUT IN NO CASE ' ' LATER THAN THE DATE OF PUBLICATION ' ' . IN THE CASE OF DECISIONS REGARDING THE PROMOTION OF OFFICIALS ' ' THE POSTING AT ONCE ' ' OF SUCH DECISIONS IN THE PREMISES OF THE INSTITUTION TO WHICH THE OFFICIAL BELONGS IS WHOLLY IN CONFORMITY WITH THE OBJECTIVE OF THAT MEASURE WHICH IS TO BRING SUCH INDIVIDUAL DECISIONS TO THE ATTENTION OF THE RESTRICTED CLASS OF PERSONS CONCERNED WHEREAS THE SOLE PURPOSE OF PUBLICATION IN THE MONTHLY STAFF BULLETIN IS TO PROVIDE GENERAL INFORMATION WHICH DOES NOT HAVE ANY PARTICULAR LEGAL EFFECT .
22 WITH REGARD TO THE REQUIREMENTS OF LEGAL CERTAINTY THE COURT HAS DECLARED IN ITS JUDGMENT OF 12 DECEMBER 1967 ( MULLER NEE COLLIGNON ) CASE 4/67 ( 1967 ) ECR 365 ) THAT
' ' THE PERIODS PRESCRIBED FOR INSTITUTING PROCEEDINGS ARE MANDATORY IN NATURE AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR OF THE COURT ' ' ,
WHICH ALSO APPLIES TO THE PERIODS FOR LODGING COMPLAINTS WHICH , FROM THE PROCEDURAL POINT OF VIEW , PRECEDE THEM AND ARE OF THE SAME NATURE SINCE THEY BOTH CONTRIBUTE , WITH THE OBJECTIVE OF ENSURING LEGAL CERTAINTY , TO THE REGULATION OF THE SAME REMEDY .
23 IF THE TIME FROM WHICH THE PERIOD FOR LODGING COMPLAINTS STARTED TO RUN COINCIDED WITH THE PUBLICATION OF THE MEASURES IN QUESTION IN THE MONTHLY STAFF BULLETIN , WHICH OFTEN OCCURS LONG AFTER PUBLICATION OF SUCH MEASURES THROUGH POSTING , THAT PERIOD WOULD BE RENDERED VARIABLE , WHICH IS CONTRARY TO THE INTERESTS OF THE PERSONS WHO BENEFIT FROM THOSE INDIVIDUAL MEASURES AND WOULD NOT CONFER ANY REAL ADVANTAGE UPON OFFICIALS ADVERSELY AFFECTED BY SUCH MEASURES AS THE LATTER ARE ABLE WITHOUT DIFFICULTY TO INFORM THEMSELVES OR TO BE INFORMED IN GOOD TIME OF IMPORTANT MEASURES WHICH HAVE BEEN POSTED IN ACCORDANCE WITH CLEARLY PRESCRIBED RULES WHICH WERE ADJUSTED WITHIN THE FRAMEWORK OF THE PERSONNEL MANAGEMENT WITHIN THEIR DEPARTMENT AND WHICH CONCERN THEIR