Order of the General Court (Second Chamber) of 1 September 2011 – Maftah v Commission
(Case T-101/09)
Action for annulment – Period allowed for commencing proceedings – Out of time – No force majeure – No excusable error – Inadmissibility
1. Actions for annulment – Time-limits – Point from which time starts to run – Date of publication – Regulation imposing restrictive measures taken against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation continuing to produce effects until its repeal – No effect (Art. 263, second para., TFEU; Rules of Procedure of the General Court, Art. 102(1); Commission Regulation No 1330/2008) (see paras 20-21, 37)
2. Procedure – Time-limit for instituting proceedings – Mandatory (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 101(1)(a) and (b)) (see paras 29, 38, 41)
3. Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept – Error by the applicant’s lawyer in calculating time-limits – Not included (Rules of Procedure of the General Court, Art. 101(1)) (see paras 31-32)
4. Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Previous order allowing the applicant legal aid – No effect (Rules of Procedure of the General Court, Art. 96(4)) (see paras 35-36)
Re:
| APPLICATION for annulment of Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban (OJ 2008 L 345, p. 60), in so far as it concerns the applicant. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Mr Elmabruk Maftah is ordered to bear his own costs and pay the costs of the European Commission. |
3. | | The Council of the European Union is ordered bear its own costs. |