Case C-502/06 P: Appeal brought on 13 December 2006 by Carlos Correia de Matos against the order made by the Court of First Instance (First Chamber) on 27 September 2006 in Case T-440/05 Carlos Correia de Matos v European Parliament
Date: 2006-12-13
Institutions: Court of Justice
Subjects: European Parliament, Portugal, action for annulment (EU), fundamental rights, infringement of EU law, rights of the defence

26.1.2008

EN

Official Journal of the European Union

C 22/19

Order of the Court of 8 November 2007 — Kingdom of
Belgium v Commission of the European Communities

(Case C-242/07 P) (1)

Appeal brought on 13 December 2006 by Carlos Correia
de Matos against the order made by the Court of First
Instance (First Chamber) on 27 September 2006 in Case
T-440/05 Carlos Correia de Matos v European Parliament

(Appeals — Time for appealing — Article 43(6) of the Rules
of Procedure of the Court of First Instance — Original of
the application lodged out of time — Inadmissibility —
Concept of ‘excusable error’ — Concept of ‘unforeseeable
circumstances’)

(2008/C 22/36)

Language of the case: French

Parties

Applicant: Kingdom of Belgium (represented by: L. Van den
Broeck, Agent, J.-P. Buyle and C. Steyaert, avocats)

Other party to the proceedings: Commission of
the European
Communities (represented by: L. Flynn and A. Steiblytė, Agents)

Re:

annulment of

Appeal brought against the order of the Court of First Instance
(Fourth Chamber) of 15 March 2007 in Case T-5/07 Belgium v
Commission, by which the Court of First Instance dismissed as
inadmissible, because it was brought out of time, the appellant's
the Commission's decision of
action for
18 October 2006 refusing to reimburse it for a principal sum
and interest paid by it in respect of debts to the European Social
Fund — Time-limits for commencing proceedings and time-
limits for lodging an original when a copy has earlier been sent
by fax — Concepts of unforeseeable circumstances and excu-
sable error

Operative part of the order

The Court orders:

1. The appeal is dismissed.

(Case C-502/06 P)

(2008/C 22/37)

Language of the case: Portuguese

Parties

Appellant: Carlos Correia de Matos

Other party to the proceedings: European Parliament

By order of 21 November 2007 the Court of Justice (Eighth
Chamber) held that the appeal was inadmissible.

Appeal brought on 24 September 2007 by the Commission
of the European Communities against the judgment deliv-
ered on 11 July 2007 in Case T-351/03 Schneider Electric
SA v Commission

(Case C-440/07 P)

(2008/C 22/38)

Language of the case: French

Parties

Appellant: Commission of the European Communities (repre-
sented by: M. Petite and F. Arbault, Agents)

Other parties to the proceedings: Schneider Electric SA, Federal
Republic of Germany, French Republic

Form of order sought

The appellant claims that the court should:

— set aside the judgment of the Court of First Instance of the
European Communities of 11 July 2007 in Case T-351/03
Schneider Electric SA v Commission;

— order Schneider Electric SA to pay all the Commission's

costs.

2. The Kingdom of Belgium is ordered to pay the costs.

Pleas in law and main arguments

(1) OJ C 170, 21.7.2007.

the Community's non-contractual

Noting, first of all, that three cumulative conditions are neces-
sary for
liability to be
incurred, namely, respectively, a wrongful act or omission, that
of actual and certain damage and a direct causal link between
the wrongful act or omission and the damage, the applicant
raises seven grounds in support of its appeal.