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. |