Order of the General Court (Third Chamber) of 11 January 2012 – Ben Ali v Council

(Case T-301/11)

Common foreign and security policy – Restrictive measures taken in the light of the situation in Tunisia – Action for annulment – Time-limit for bringing proceedings – Out of time – No force majeure – No excusable error – Application for alteration of the contested measure – Claim for compensation – Manifest inadmissibility

1.                     Actions for annulment – Time limits – Mandatory – Examination by the EU judicature of its own motion (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 102(1) and (2)) (see paras 15-16)

2.                     Actions for annulment – Time limits – Point from which time starts to run – Regulation concerning restrictive measures against certain persons, entities or bodies in the light of the situation in Tunisia – Date of communication of the grounds justifying the regulation in respect of those persons, entities or bodies (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 102(1) and (2); Council Regulation No 101/2011) (see paras 17-20)

3.                     Procedure – Time limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Meaning – Unforeseeable circumstances or force majeure – Concept (Statute of the Court of Justice, Art. 45, second para.) (see paras 29, 32)

4.                     Actions for annulment – Jurisdiction of the Union judicature – Regulation concerning restrictive measures against certain persons, entities or bodies in the light of the situation in Tunisia – No jurisdiction to substitute another measure for the contested measure to amend it – Pleas for the unblocking of certain frozen funds or economic resources – Inadmissibility (Arts 261 TFEU and 264, first para., TFEU; Council Regulation No 101/2011) (see para. 62)

5.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Brief summary of the pleas in law on which the application is based – Application for compensation in respect of damage caused by an EU institution – No indications as to the loss suffered – Inadmissible (Statute of the Court of Justice, Art. 19; Rules of Procedure of the General Court, Art. 44(1)(c), and (6) (see paras 69-72, 76)

6.                     Procedure – Compulsory intervention – Not permissible (Statute of the Court of Justice, Art. 40; Rules of Procedure of the General Court, Arts 24(6), 115 and 116) (see paras 79-80)

Re:

First, action for annulment of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1), in so far as it concerns the applicant and, second, an application seeking an order for the Council to adopt certain derogations to the freezing of funds imposed by the regulation and a claim for damages for the harm allegedly suffered by the applicant.

Operative part

1. The action is dismissed.

2. Mr Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen Ben Ali is ordered to bear his own costs and to pay those incurred by the Council of the European Union.

3. There is no need to give a ruling on the application for leave to intervene by the European Commission.