Order of the General Court (Third Chamber) of 14 March 2011 – Campailla v Commission
(Case T-429/09)
Action for damages – Limitation period – Article 46 of the Statute of the Court of Justice – Inadmissibility
1. Actions for damages – Limitation period – Point from which time starts to run – Liability for an individual measure – Date on which the injurious effects of the measure are produced – Refusal of the Commission to intervene in a dispute concerning the payment of a debt by a non-member State to a Community national under the Cotonou Agreement – Time running from the point at which the damage realised, concretising at the point of that refusal – Account taken of a subjective assessment of the reality of the damage – Not permissible – Inadmissibility on account of prescription (Arts 235 EC and 288, second para., EC; Statute of the Court of Justice, Arts 46 and 53) (see paras 41-42, 52, 62, 67)
2. Actions for damages – Limitation period – Interruption – Conditions – Lodging of an application before the Community judicature or submission of a prior request to the competent institution – Concept of application for that purpose – Application for annulment – Not included (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 43, 63, 65, 67)
Re:
| ACTION for damages to compensate for the harm allegedly suffered following the Commission’s refusal to intervene in a dispute between the applicant and the Cameroonian State. |
Operative part
1. | | The action is dismissed. |
2. | | Mr Massimo Campailla is ordered to bear his own costs and those incurred by the European Commission. |