26On the basis of this reasoning the Commission concludes that, although Article 90 does not fix a time-limit for the submission of requests in accordance with its provisions, the applicant did not follow through, in the proper time, the pre-litigation procedure under Article 90 of the Staff Regulations and may therefore not use the procedure once again by submitting in succession a request on 29 September 1989 and a complaint on 10 April 1990 in order to obtain a re-examination of the facts of the case and the decision which was the subject of the judgment of the Court of Justice of 27 June 1987. According to the Commission, such re-examination is possible only where a new fact has arisen (Case 17/71 Tontodonati ν Commission [1971] EĆR 1059; Case 127/84 Esly ν Commission [1985] ECR 1437; Case 125/87 Brown ν Court of Justice [1988] ECR 1619, paragraph 13; and Case 161/87 Muysers and Tiilp ν Court of Auditors [1988] ECR 3037), which is not the case here. Consequently the action should be ruled inadmissible in its entirety.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.