Order;Information — ECLI:EU:T:2021:424
Date: 2021-07-08
Language of the case: Portuguese
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - inadmissible;Application for interim measures - decision unnecessary
Origin: Portugal

Order of the General Court (Ninth Chamber) of 8 July 2021 – Mendes de Almeida v Council (Case T‑75/21) (Action for annulment – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Portugal – Period for instituting proceedings – Starting point of the period for instituting proceedings – Inadmissibility) 1. Action for annulment – Time limits – Point from which time starts to run – Publication or notification – Day on which a measure came to the knowledge of the applicant – Subsidiary matter – Publication – Definition (Arts 263, sixth para., and 297(2), third subpara. TFEU) (see paras 44, 54, 57) 2. Judicial proceedings – Time limit for instituting proceedings – Time-barred – Strict application of EU rules (see paras 56, 66, 68) 3. Action for annulment – Time limits – Point from which time starts to run – Date of publication or notification – Day on which a measure came to the knowledge of the applicant – Action brought out of time (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Arts 59 and 60) (see para. 58) 4. Judicial proceedings – Time limit for instituting proceedings – Time-barred – Excusable error – Definition (Statute of the Court of Justice, Art. 45) (see paras 62, 63) 5. Action for annulment – Time limits – Point from which time starts to run – Date on which the measure at issue was published – Infringement of the right to effective judicial protection – None (Art. 263, sixth para., TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 52(7)) (see para. 67) Re: Application under Article 263 TFEU seeking annulment of Council Implementing Decision (EU) 2020/1117 of 27 July 2020 appointing the European Prosecutors of the European Public Prosecutor’s Office (OJ 2020 L 244, p. 18), in so far as it appoints Mr Moreira Alves d’Oliveira Guerra to be European Prosecutor of the European Public Prosecutor’s Office as a temporary agent at grade AD 13 for a non-renewable period of three years from 29 July 2020. Operative part 1. The action is dismissed as inadmissible. 2. There is no longer any need to rule on the request for an expedited procedure. 3. There is no longer any need to rule on the preliminary plea put forward by the Council. 4. Ms Ana Carla Mendes de Almeida is ordered to pay the costs.