Order;Abstract — ECLI:EU:T:2019:269
Date: 2019-04-30
Language of the case: Romanian
Court formation: Eighth Chamber
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Procedure: Action for annulment
Origin: Romania

summary report, which contains the grounds for the contested decision. That being the case, there could not have been any confusion as regards the nature of the correction. 58 Consequently, it must be held that the minor differences between the notified text and the published text resulting from a printing problem affecting the table in the annex to the contested decision and a minor drafting error common to both those texts were not such as to prevent Romania from becoming acquainted, with sufficient clarity and precision, with the content of the contested decision and the grounds on which it was based or to institute proceedings against it within the prescribed period (see, to that effect, order of 19 April 2016, Portugal v Commission, T‑550/15, not published, EU:T:2016:237, paragraph 43). 59 It is therefore appropriate to confirm the conclusion set out in paragraph 32 above that the period prescribed for instituting proceedings against the contested decision began to run from the time of its notification to the Permanent Representation of Romania and not from the time of its publication in the Official Journal. 60 Therefore, having regard to all of the foregoing considerations and pursuant to Articles 58 and 60 of the Rules of Procedure, the period for instituting proceedings, including the extension on account of distance, expired at midnight on 24 August 2018. 61 Romania did not lodge its application until 7 September 2018. 62 It follows that the action was clearly brought after the expiry of the prescribed period and was, therefore, out of time. 63 Lastly, Romania has not proved — or even alleged — the existence either of an excusable mistake or of unforeseeable circumstances or force majeure such as would permit derogation from the prescribed time limit on the basis of the second paragraph of Article 45 of the Statute of the Court of Justice of the European Union, which is applicable to proceedings before the General Court pursuant to Article 53 of that Statute. 64 It follows from all the foregoing that the action must be dismissed in its entirety as inadmissible. Costs 65 Under Article 134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. 66 Since Romania has been unsuccessful, it must be ordered to bear its own costs and to pay those of the Commission in accordance with the latter’s pleadings. On those grounds, THE GENERAL COURT (Eighth Chamber) hereby orders: 1. The action is dismissed as inadmissible. 2. Romania shall bear its own costs and pay those incurred by the European Commission. Luxembourg, 30 April 2019. E. Coulon A.M. Collins Registrar President * Language of the case: Romanian.