Opinion of Mr Advocate General Tesauro delivered on 30 November 1988

1 Original language: Italian.

2 Sec R. Chapus, Droit du contentieux administratif, Paris, 1982, p. 202; S. Cassarino, // processo amministrativo, Milan, 1984, p. 1160; and E. Cannada Bartoli, Encici dir., p. 856. For case-law see Conseil d'Etat Sect. 30 March 1973, Gen, p. 269; AJDA 1973, p. 268, conci. G. Guillaume; and Consiglio di Stato, VI, 3 March 1970, No 185. Il is clearly established, although on different grounds, that a decision to reject a complaint — implied or express — can be the subject of an appeal: reference is made to the substitutive nature of the rejection in relation to the original decision and to its newness inasmuch as it is adopted by a different body from that which adopted the original decision and is in theory taken following a specific enquiry and a reassessment of the law and the facts.