CELEX: 62008TO0545
Language: en
Date: 2009-07-08 00:00:00
Title: Order of the Court of First Instance (Seventh Chamber) of 8 July 2009. # Thérèse Nicole Thoss v Court of Auditors of the European Communities. # Action for annulment - Time-limit for bringing an action - Lateness - Absence of excusable error - Manifest inadmissibility. # Case T-545/08.

Order of the Court of First Instance (Seventh Chamber) of 8 July 2009 – Thoss v Court of Auditors
      (Case T-545/08)
      Action for annulment – Time-limit for bringing an action – Lateness – Absence of excusable error – Manifest inadmissibility
      1.                     Procedure – Division of jurisdiction between the various Community courts – Action for annulment brought by a Member of the
            Court of Auditors against a decision of that institution – Lack of jurisdiction of the Civil Service Tribunal (Art. 230 EC;
            Statute of the Court of Justice, Annex I, Art. 8(2)) (see paras 26-27)
      2.                     Procedure – Time-limits for instituting proceedings – Mandatory (see paras 35-36, 40)
      3.                     Actions for annulment – Time-limits – Point from which time starts to run – Notification (Art. 230, fifth para., EC) (see
            paras 41-42)
      Re: 
      
         
               APPLICATION for annulment of the decision of the Court of Auditors of 20 March 2006 refusing to allocate to the applicant,
                  the widow of a former Member of the Court of Auditors, a survivor’s pension on the ground that the condition that the couple
                  had to have been married for five years at the time of death has not been satisfied (case registered as F-46/08 and referred
                  by the Civil Service Tribunal).
               
            Operative part 
      1.      The action is dismissed as manifestly inadmissible.
      2.      Mrs Thérèse Nicole Thoss is ordered to pay the costs.