VIEW , THE PARLIAMENT CONSISTENTLY ALLOWED GREAT AMBIGUITY TO PREVAIL AS TO THE NATURE OF ITS VARIOUS PRONOUNCEMENTS . AS A RESULT , THE APPLICANT MAINTAINS , HE WAS ENTITLED TO CONCLUDE THAT HIS REQUEST HAD NOT BEEN REJECTED UNTIL 21 APRIL 1983 AND THAT HE THEREFORE HAD THREE MONTHS FROM THAT DATE IN WHICH TO SUBMIT A COMPLAINT .
16 IT IS APPARENT FROM THE ABOVE ARGUMENTS THAT THE DISPUTE BETWEEN THE APPLICANT AND THE PARLIAMENT ESSENTIALLY TURNS ON THE DATE ON WHICH THE APPLICANT ' S REQUEST WAS REJECTED , AND MORE PRECISELY ON WHETHER THE REQUEST WAS REJECTED ON 21 APRIL 1983 OR AT AN EARLIER DATE .
17 IT MUST FIRST BE OBSERVED THAT IN ITS LETTER OF 21 APRIL 1983 THE PARLIAMENT DID NOT INTIMATE TO THE APPLICANT THAT A DECISION REJECTING HIS REQUEST HAD ALREADY BEEN TAKEN . THE APPLICANT WAS THEREFORE ENTITLED TO INFER THAT THAT LETTER OF 21 APRIL 1983 CONTAINED THE DEFINITIVE DECISION ON HIS REQUEST AND THAT THE COMPLAINT SHOULD BE SUBMITTED WITH REFERENCE TO THAT LETTER .
18 THE SUBSEQUENT CORRESPONDENCE BETWEEN THE APPLICANT AND THE PARLIAMENT SHOWS CLEARLY THAT THE LETTER OF 21 APRIL 1983 MUST BE CLASSIFIED IN THAT MANNER . INDEED , IN ITS LETTER OF 2 AUGUST 1983 THE PARLIAMENT STATED THAT ' IT ADHERED TO ITS DECISION OF 21 APRIL ' .
19 LASTLY , IT MUST BE BORNE IN MIND THAT THE APPLICANT BROUGHT HIS FIRST ACTION BEFORE THE COURT ON 11 JULY 1983 , BUT OFFERED TO THE PARLIAMENT TO WITHDRAW THE ACTION ON THE EXPRESS CONDITION THAT THE PARLIAMENT CONSIDERED ITS LETTER OF 21 APRIL 1983 TO BE THE DEFINITIVE DECISION ON A REQUEST . THE PARLIAMENT REPLIED ON 12 AUGUST 1983 , STATING THAT IT ' TOOK NOTE OF THE APPLICANT ' S WITHDRAWAL OF THE ACTION LODGED BEFORE THE COURT ' . THE PARLIAMENT THEREBY AGREED TO CONSIDER ITS LETTER OF 21 APRIL 1983 TO BE THE DEFINITIVE DECISION ON A REQUEST .
20 AS A RESULT , IT MUST BE HELD THAT THE APPLICANT ' S REQUEST WAS REJECTED ON 21 APRIL 1983 , AND SO A COMPLAINT COULD BE LODGED AT ANY TIME PRIOR TO 21 JULY 1983 . SINCE THE COMPLAINT WAS LODGED ON 11 JULY 1983 , IT WAS WITHIN THE PERIOD LAID DOWN IN ARTICLE 90 OF THE STAFF REGULATIONS .
THE CLAIM THAT THE ACTION WAS LODGED OUT OF TIME
21 THE SECOND ARGUMENT ADDUCED BY THE PARLIAMENT IN SUPPORT OF ITS OBJECTION IS THAT THE APPLICANT ' S COMPLAINT WAS EXPRESSLY REJECTED ON 2 AUGUST 1983 . CONSEQUENTLY , THE APPLICANT ' S ACTION SHOULD HAVE BEEN DIRECTED AGAINST THAT EXPRESS REJECTION AND LODGED BEFORE 2 NOVEMBER 1983 .
22 THE APPLICANT CONTENDS THAT WHEN THE LETTER OF 2 AUGUST 1983 WAS SENT THE PARLIAMENT HAD NOT AGREED TO CONSIDER THAT THE APPLICANT HAD LODGED A COMPLAINT ON 11 JULY 1983 . ACCORDINGLY , THE PARLIAMENT COULD NOT HAVE REPLIED TO SUCH