Opinion of the Advocate General — ECLI:EU:C:2002:531
Date: 2002-09-26
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Public procurement in the European Union
Procedure: Arbitration clause
Origin: France

Summary of the Judgment 
Procedure — Division of jurisdiction between the Court of justice and the Court of First 
Instance — Referral to the Court of justice — Expiry of time-limit for bringing 
proceedings — No effect on admissibility 
(EC Statute of the Court of Justice, Art. 47, second para.) 
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SUMMARY — CASE C-167/99 
Where an action is brought before the 
Court of Justice within the prescribed 
period and, pursuant to the second para­
graph of Article 47 of the Statute of the 
Court of Justice, the Court refers it to the 
Court of First Instance, the action is validly 
brought before the latter even if the time-
limit for bringing the action has expired. 
The same principle applies where the Court 
of First Instance refers a case to the Court 
of Justice. 
(see para. 53) 
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