CELEX: 62008CO0025
Language: en
Date: 2008-11-13 00:00:00
Title: Order of the Court (Eighth Chamber) of 13 November 2008. # Giuseppe Gargani v European Parliament. # Appeal - Action brought by the Chairman of the Committee on Legal Affairs of the Parliament against the ‘action’ of the President of the Parliament which led to the submission of observations in the name of the Parliament in a matter which related to a reference for a preliminary ruling - Time-limit for initiating proceedings. # Case C-25/08 P.

Order of the Court (Eighth Chamber) of 13 November 2008 – Gargani v Parliament
      (Case C‑25/08 P)
      Appeal – Action brought by the Chairman of the Committee on Legal Affairs of the Parliament against the ‘action’ of the President
         of the Parliament which led to the submission of observations in the name of the Parliament in a matter which related to a
         reference for a preliminary ruling – Time-limit for initiating proceedings
      
      1.                     Appeals – Grounds – Incorrect application of the fifth paragraph of Article 230 EC as regards the time-limit for initiating
            proceedings (Art. 230, fifth para., EC) (see paras 19-26)
      2.                     Appeals – Operative part of order justified by ground stated ex abundanti cautela – Dismissal (see paras 24-25)
      Re: 
      
         Appeal brought against the Order of the Court of First Instance (Third Chamber) of 21 November 2007 in Case T-94/06 
               Gargani
                v 
               Parliament
               , in which that Court dismissed as manifestly inadmissible the action brought by the Chairman of the Committee on Legal Affairs
                  of the European Parliament, seeking a declaration of unlawfulness in relation to the decision of the President of the European
                  Parliament to submit written observations in the name of the Parliament in accordance with the second paragraph of Article
                  23 of the Statute of the Court in relation to a reference for a preliminary ruling, contrary to the advice of the Commission
                  of Legal Affairs, and his refusal to submit the issue to the plenary assembly.
               
            Operative part 
      The Court:
      1.         Dismisses the appeal;
      2.         Orders Mr Gargani to pay the costs.