FOR ADMINISTRATION OF THE ECONOMIC AND SOCIAL COMMITTEE INFORMED THE APPLICANT THAT SHE WAS ENTITLED TO THE FOREIGN RESIDENCE ALLOWANCE FOR THE PERIOD BETWEEN 1 MAY AND 30 JUNE 1978 BUT THAT PAYMENT OF THE ALLOWANCE WOULD BE DISCONTINUED WITH EFFECT FROM 1 JULY 1978 SINCE , BY HER SECOND MARRIAGE , SHE HAD ACQUIRED BELGIAN NATIONALITY AND HAD HAD THE POSSIBILITY OF RENOUNCING THAT NATIONALITY UNDER BELGIAN LAW . FOR THOSE REASONS THE ADMINISTRATION CONSIDERED THAT FOLLOWING HER SECOND MARRIAGE THE APPLICANT NO LONGER SATISFIED THE REQUIREMENTS LAID DOWN IN ARTICLE 4 ( 3 ) OF ANNEX VII TO THE STAFF REGULATIONS OF OFFICIALS . THAT ARTICLE PROVIDES IN ESSENCE THAT ' AN OFFICIAL WHO HAS BY MARRIAGE AUTOMATICALLY ACQUIRED AND CANNOT RENOUNCE THE NATIONALITY OF THE STATE IN WHOSE TERRITORY HE OR SHE IS EMPLOYED ' IS ENTITLED TO THE FOREIGN RESIDENCE ALLOWANCE ON THE SAME CONDITIONS AS AN OFFICIAL WHO IS NOT AND HAS NEVER BEEN A NATIONAL OF THAT STATE .
4 BY A LETTER DATED 25 APRIL 1984 THE APPLICANT ASKED THE SECRETARY GENERAL OF THE ECONOMIC AND SOCIAL COMMITTEE TO RECONSIDER HER CASE . IN SUPPORT OF HER REQUEST , SHE REFERRED TO CERTAIN LEGAL AND ADMINISTRATIVE DIFFICULTIES WHICH SHE WOULD HAVE FACED HAD SHE RENOUNCED BELGIAN NATIONALITY AFTER HER SECOND MARRIAGE . THOSE DIFFICULTIES , WHICH WERE CONNECTED WITH THE FACT THAT UNDER ITALIAN LAW THE DISSOLUTION OF HER FIRST MARRIAGE WAS NOT RECOGNIZED , WERE SUCH AS TO MAKE IT IMPOSSIBLE FOR HER IN FACT TO RENOUNCE BELGIAN NATIONALITY .
5 ON 17 AUGUST 1984 THAT REQUEST WAS REJECTED AS INADMISSIBLE BY THE SECRETARY GENERAL ON THE GROUND THAT PAYMENT OF THE FOREIGN RESIDENCE ALLOWANCE HAD BEEN DISCONTINUED BY THE DECISION OF 3 APRIL 1979 AND THAT SINCE THAT DECISION HAD NOT BEEN CONTESTED WITHIN THE PRESCRIBED PERIOD IT WAS NO LONGER OPEN TO CHALLENGE .
6 THE APPLICANT ' S COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS WAS REJECTED BY THE SECRETARY GENERAL ON 15 FEBRUARY 1985 , AND THE APPLICANT THEREUPON BROUGHT THIS CASE .
7 THE ECONONIC AND SOCIAL COMMITTEE RAISED A NUMBER OF OBJECTIONS TO THE ADMISSIBILITY OF THE ACTION . IT CONTENDS THAT THE ACTION IS IN REALITY DIRECTED AGAINST THE DECISION OF 3 APRIL 1979 , WHICH IS NO LONGER OPEN TO CHALLENGE SINCE THE PERIODS WITHIN WHICH ACTION MUST BE TAKEN UNDER ARTICLES 90 AND 91 OF THE STAFF REGULATIONS HAVE EXPIRED . THE FACT THAT THE ADMINISTRATION SUBSEQUENTLY AND ON SEVERAL OCCASIONS RE-EXAMINED THE FILE IN ORDER TO PROVIDE THE APPLICANT WITH FURTHER CLARIFICATION AT HER REQUEST CANNOT CAUSE THE TIME WITHIN WHICH ACTION MUST BE TAKEN TO START RUNNING AGAIN .
8 THE APPLICANT REPLIES THAT THE APPLICATION WAS LODGED IN GOOD TIME . IN THAT CONNECTION SHE SUBMITS TWO ARGUMENTS .
9 IN THE FIRST PLACE SHE RELIES ON THE EXISTENCE OF A NEW FACT JUSTIFYING AN APPLICATION FOR REVIEW OF THE DECISION OF 3 APRIL 1979 .