1 . THE APPLICATION IS DIRECTED AGAINST THE REFUSAL OF THE PRESIDENT OF THE COMMISSION ON 29 OCTOBER 1964 OF THE COMPLAINT MADE ON THE PREVIOUS 3 AUGUST FOR THE RECLASSIFICATION OF THE APPLICANT IN GRADE A6 AS FROM 1 JANUARY 1962 . THIS REFUSAL MAY BE REGARDED AS CONFIRMATION OF THE DECISION OF 12 DECEMBER 1962, IN SO FAR AS IT APPOINTED THE APPLICANT TO GRADE B1 . IT IS TRUE THAT THE APPLICANT MADE NEITHER A COMPLAINT THROUGH OFFICIAL CHANNELS NOR AN APPEAL TO THE COURT AGAINST THIS DECISION WITHIN THE PERIOD LAID DOWN BY ARTICLE 91 OF THE STAFF REGULATIONS . NEVERTHELESS, THE APPLICANT CITES THE JUDGMENTS OF THE COURT IN JOINED CASES 20 AND 21/63 AND IN JOINED CASES 79 AND 82/63 (( 1964 ) ECR 213 ET SEQ ., 511 ET SEQ .), INFERRING THEREFROM THAT HE COULD HAVE MADE AN APPEAL AGAINST THE ABOVEMENTIONED DECISION . IN FACT, HE CLAIMS THAT THE COURT CONSIDERED ON THAT OCCASION THAT THE DECISION CONCERNING INTEGRATION MUST BE DISSOCIATED FROM THE RIGHT OF THE SERVANT TO HAVE HIS ADMINISTRATIVE POSITION REGULARIZED . THE APPLICANT FAILS TO APPRECIATE THAT, AS THESE JUDGMENTS ACCEPTED IN RESPECT OF THE OFFICIALS CONCERNED, HE COULD AT THE TIME HAVE SUBMITTED A REQUEST TO THE DEFENDANT FOR SUCH REGULARIZATION AND COULD HAVE DISPUTED A REFUSAL BEFORE THE COURT .
2 . THE APPLICANT POINTS OUT THAT THE PUBLICATION BY THE DEFENDANT IN 1963 OF THE DEFINITIONS OF THE DUTIES AND POWERS ATTACHING TO EACH BASIC POST - THE DEFINITIONS PROVIDED FOR BY ARTICLE 5(4 ) OF THE STAFF REGULATIONS - CONSTITUTED A NEW FACTOR CAPABLE OF CAUSING THE TIME IN WHICH TO BRING AN APPEAL AGAINST THE PREVIOUS CLASSIFICATION TO START TO RUN AFRESH . P.997 ALTHOUGH THIS ARGUMENT IS CORRECT IN ITSELF, IT MUST HOWEVER BE STATED FURTHER THAT THE APPLICANT DID NOT DISPUTE THIS CLASSIFICATION EITHER WITHIN THE PERIOD LAID DOWN BY THE AFOREMENTIONED ARTICLE 91, DATING FROM THE SAID PUBLICATION . IT IS TRUE THAT THE APPLICANT ALLEGES THAT, AS SOON AS THE DEFINITIONS IN QUESTION HAD ENABLED HIM TO DETERMINE THE GRADE TO WHICH HE BELIEVED HIMSELF TO BE ENTITLED, HE HAD ' INCREASED HIS ATTEMPTS TO OBTAIN THAT GRADE BY ALL THE MEANS OPEN TO HIM '. NEVERTHELESS, THE FACT REMAINS THAT THE COMPLAINT OF 3 AUGUST 1964 WAS THE FIRST COMPLAINT AND THE ONLY ONE DEALING WITH HIS RETROACTIVE RECLASSIFICATION ON INTEGRATION . THE APPROACHES WHICH HE MADE IN ORDER TO OBTAIN A HIGHER GRADE BY WAY OF PROMOTION OR OF COMPETITION CANNOT BE REGARDED AS SUCH A COMPLAINT, IN VIEW OF THE DIFFERENCES WHICH EXIST BETWEEN THESE TWO GROUPS OF REQUESTS IN RESPECT OF THEIR BASIS AND THEIR POSSIBLE EFFECTS .
3 . ACCORDING TO THE APPLICANT THE ABOVE - MENTIONED JUDGMENTS OF THE COURT ALSO CONSTITUTED NEW FACTORS . THE ONLY PERSONS CONCERNED BY THE LEGAL EFFECTS OF A JUDGMENT OF THE COURT ANNULLING A MEASURE ARE THE PARTIES TO THE ACTION AND THOSE PERSONS DIRECTLY AFFECTED BY THE MEASURE WHICH IS ANNULLED . CONSEQUENTLY, SUCH A JUDGMENT CAN ONLY CONSTITUTE A NEW FACTOR AS REGARDS THOSE PERSONS . IT IS TRUE THAT THE JUDGMENTS IN QUESTION ANNULLED DECISIONS OF THE COMMISSION OF THE EEC REFUSING TO REGULARIZE THE POSITION OF THE PERSONS CONCERNED IN ACCORDANCE WITH THE PRINCIPLE OF THE CORRESPONDENCE BETWEEN DUTIES AND GRADE LAID DOWN IN ANNEX I TO THE STAFF REGULATIONS . AS THOSE DECISIONS ONLY APPLIED TO THE INDIVIDUAL POSITION OF EACH PERSON CONCERNED, THEY CANNOT DIRECTLY CONCERN THIRD PARTIES, SUCH AS THE APPLICANT . IN THESE CIRCUMSTANCES, THE JUDGMENTS IN QUESTION CANNOT BE REGARDED, IN RESPECT OF THE APPLICANT, AS NEW FACTORS CAPABLE OF CAUSING THE PERIOD FOR LODGING AN APPEAL AGAINST THE DECISION CLASSIFYING HIM IN GRADE B1 TO START TO RUN AFRESH . IT FOLLOWS FROM THE FOREGOING THAT THE PRESENT OBJECTION IS WELL FOUNDED AND THAT CONSEQUENTLY THE APPLICATION MUST BE DISMISSED AS INADMISSIBLE .