Order — ECLI:EU:F:2014:43
Date: 2014-03-20
Language of the case: Italian
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible

Summary Judicial proceedings — Application initiating proceedings — Formal requirements — Application submitted by fax within the prescribed period — Handwritten signature of the lawyer different from that on the original of the application sent by post — Consequence — Date of receipt of the fax not taken into account in order to determine compliance with the period prescribed for bringing an action (Rules of Procedure of the Civil Service Tribunal, Art. 34(6); Staff Regulations, Art. 91(3)) As regards the relationship between the signature of the lawyer representing an applicant in an application sent by fax to the Civil Service Tribunal and the signature appended to the original application lodged no later than ten days thereafter, where the signature at the bottom of the faxed application is not the same as the signature on the original application lodged subsequently, the faxed application cannot be taken into account for the purpose of assessing compliance with the time-limit for bringing an action. Indeed, the strict application by the Tribunal of Article 34(6) of its Rules of Procedure serves the requirements of legal certainty and the need to avoid any discrimination or arbitrary treatment in the administration of justice. (see paras 30, 31) See: 22 September 2011, C‑426/10 P Bell & Ross v OHIM, para. 43 14 November 2013, T‑283/13 P Marcuccio v Commission, paras 14 and 19 11 March 2013, F‑131/12 Marcuccio v Commission, para. 24