Order of the Court of First Instance (Fourth Chamber) of 17 January 2007 – Diy-Mar Insaat Sanayi ve Ticaret and Akar v Commission

(Case T-129/06)

Action for annulment – Essential procedural requirements – Natural and legal persons required to be represented by a lawyer entitled to practise before a court of a Member State – Application in proper form lodged out-of-time – Inadmissibility of the action

1.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 19, third and fourth paras, 21, second para., and 53, first para.; Rules of Procedure of the Court of First Instance, Arts 43(1) and 44(3)) (see paras 25-30)

2.                     Procedure – Time-limit for instituting proceedings – Time barred – Excusable error – Definition (Statute of the Court of Justice, Art. 21, second para.; Rules of Procedure of the Court of First Instance, Art. 44(6)) (see paras 31-44)

Re:

APPLICATION for, first, annulment of Decision MK/KS/DELTUR/(2005)/SecE/D/1614 of 23 December 2005 concerning the award of a public works contract for the construction of educational establishments in the Provinces of Siirt and Diyarbakir (EuropeAid/121601/C/W/TR) and, second, suspension of the award procedure in question.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the applicants, Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa Akar, to bear their own costs and, jointly and severally, pay the Commission’s costs.