20The defendant considers that no other conclusion can be drawn from the fact that the appointing authority reassessed all aspects of the matter in response to the applicant's note of 8 June 1990 and replied to it in a note dated 5 November 1990, since the latter note merely expressly confirmed the decision already taken in 1982. Citing the judgment of the Court of Justice in Case 1/76Wack v Commission [1976] ECR 1017, the Council points out that the underlying facts of the case, on which the Council's refusal in 1982 was based, have not changed in the meantime and the applicant has not brought forward any new fact which could be regarded as pertinent.