Order — ECLI:EU:F:2009:169
Date: 2009-12-15
Language of the case: English
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Admissibility and examination of applications, forms of order sought and pleas in law
Procedure: Staff cases - inadmissible

Summary Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept (Rules of Procedure of the Civil Service Tribunal, Arts 97(4) and 100(3); Staff Regulations, Art. 91(3)) In the context of the Community rules on time-limits for instituting proceedings, the concept of excusable error justifying a derogation from those rules can concern only exceptional circumstances in which, in particular, the conduct of the institution concerned has been, either alone or to a decisive extent, such as to give rise to pardonable confusion in the mind of a party acting in good faith and displaying all the diligence required of a normally well-informed person. (see para. 21) See: C-195/91 P Bayer v Commission [1994] ECR I‑5619, para. 26; C-193/01 P Pitsiorlas v Council and ECB [2003] ECR I‑4837, para. 24