HE CONSIDERS THEREFORE THAT HIS OWN REQUEST DATED 29 OCTOBER 1984 WAS NOT OUT OF TIME .
8 WITH REGARD TO THE OBJECTION THAT HIS COMPLAINT WAS OUT OF TIME THE APPLICANT ARGUES THAT THE FOUR-MONTH PERIOD WITHIN WHICH THE ADMINISTRATION WAS OBLIGED TO REPLY TO HIS REQUEST STARTED TO RUN ONLY ON 1 MARCH 1985, THE DAY ON WHICH A COMPLETE REQUEST WAS SUBMITTED TO THE COMMISSION . SINCE AN EXPRESS DECISION REJECTING THE REQUEST WAS GIVEN ON 24 JUNE 1985 THE APPLICANT SUBMITTED HIS COMPLAINT WITHIN THE THREE-MONTH PERIOD PROVIDED FOR BY ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS .
9 IT MUST BE POINTED OUT FIRST OF ALL THAT UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS ANY OFFICIAL MAY REQUEST THE APPOINTING AUTHORITY TO TAKE A DECISION RELATING TO HIM . HOWEVER, THE COURT HAS CONSISTENTLY HELD THAT THAT RIGHT DOES NOT ALLOW AN OFFICIAL TO EVADE THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 FOR THE LODGING OF A COMPLAINT AND AN APPEAL BY INDIRECTLY CALLING IN QUESTION BY MEANS OF A REQUEST A PREVIOUS DECISION WHICH WAS NOT CHALLENGED WITHIN THE PERIOD PRESCRIBED . ONLY THE EXISTENCE OF SUBSTANTIAL NEW FACTS MAY JUSTIFY THE SUBMISSION OF A REQUEST FOR THE REVIEW OF SUCH A DECISION .
10 ALTHOUGH THE DECISION OF 1 APRIL 1977 APPOINTING MR MOGENSEN WAS NOT CONTESTED WITHIN THE PRESCRIBED PERIOD, THE COMMISSION DOES NOT DISPUTE THAT ITS DECISION OF 1 SEPTEMBER 1983, REFERRED TO ABOVE, CONSTITUTED A NEW FACT OF SUCH A NATURE AS TO PERMIT THE APPLICANT TO BRING PROCEEDINGS AGAINST HIS INITIAL GRADING ( ON THIS POINT SEE THE JUDGMENT OF 1 DECEMBER 1983 IN CASE 190/82 BLOMEFIELD V COMMISSION (( 1983 )) ECR 3981 ). IT IS CLEAR, HOWEVER, THAT THE APPLICANT DID NOT SUBMIT HIS REQUEST FOR REGRADING WITHIN THE THREE-MONTH PERIOD GRANTED TO HIM BY THAT DECISION .
11 WITH A VIEW TO TAKING ADVANTAGE NEVERTHELESS OF THAT FURTHER PERIOD FOR BRINGING PROCEEDINGS AGAINST HIS GRADING THE APPLICANT ARGUES THAT HE SUBMITTED HIS REQUEST AFTER ONE OF HIS COLLEAGUES, MR PEDERSEN, OBTAINED HIS REGRADING . THAT, SAYS THE APPLICANT, WAS A SUBSTANTIAL NEW FACT OF SUCH A NATURE AS TO ALLOW HIM TO SUBMIT HIS OWN REQUEST ( JUDGMENT OF 15 MAY 1985 IN CASE 127/84 ESLY V COMMISSION (( 1985 )) ECR 1437 ).
12 IT IS TRUE THAT IN ITS JUDGMENT OF 15 MAY 1985 THE COURT HELD THAT THE REGRADING OF ONE OR MORE COLLEAGUES OF AN OFFICIAL, WHO WERE IN A POSITION SIMILAR TO HIS OWN, MUST BE REGARDED AS A NEW FACT PERMITTING HIM TO SUBMIT A REQUEST FOR REGRADING IN SPITE OF THE FACT THAT A PREVIOUS DECISION WAS NOT CONTESTED .
13 HOWEVER, THE PERIOD LAID DOWN BY THE ADMINISTRATION FOR THE SUBMISSION OF REQUESTS FOR REGRADING APPLIED EQUALLY TO ALL OFFICIALS OF THE COMMISSION . MR MOGENSEN SHOULD THEREFORE HAVE EXPECTED THAT COLLEAGUES IN A POSITION SIMILAR TO HIS OWN WOULD BE