ORDER OF THE CIVIL SERVICE TRIBUNAL

(First Chamber)

15 December 2009

Case F-8/09

Svetoslav Apostolov

v

European Commission

(Civil service – Officials – Action inadmissible – Delay)

Application: brought under Articles 236 EC and 152 EA, in which Mr Apostolov seeks, in particular, annulment of the decision contained in a letter of 21 October 2008 by which the European Personnel Selection Office (EPSO) dismissed his complaint against the decision of 25 April 2008 informing him that the marks he had been given in the selection tests held in connection with the call for expressions of interest EPSO/CAST27/4/07 were not sufficient for him to be included in the database of eligible candidates.

Held: The action is dismissed as inadmissible. The applicant is ordered to pay the costs.

Summary

Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept

(Rules of Procedure of the Civil Service Tribunal, Arts 97(4) and 100(3); Staff Regulations, Art. 91(3))

In the context of the Community rules on time-limits for instituting proceedings, the concept of excusable error justifying a derogation from those rules can concern only exceptional circumstances in which, in particular, the conduct of the institution concerned has been, either alone or to a decisive extent, such as to give rise to pardonable confusion in the mind of a party acting in good faith and displaying all the diligence required of a normally well-informed person.

(see para. 21)

See:

C-195/91 P Bayer v Commission [1994] ECR I‑5619, para. 26; C-193/01 P Pitsiorlas v Council and ECB [2003] ECR I‑4837, para. 24