CELEX: 62009TO0429
Language: en
Date: 2011-03-14 00:00:00
Title: Order of the General Court (Third Chamber) of 14 March 2011. # Massimo Campailla v European Commission. # Action for damages - Limitation period - Article 46 of the Statute of the Court of Justice - Inadmissibility. # Case T-429/09.

Order of the General Court (Third Chamber) of 14 March 2011 – Campailla v Commission
      (Case T-429/09)
      Action for damages – Limitation period – Article 46 of the Statute of the Court of Justice – Inadmissibility
      1.                     Actions for damages – Limitation period – Point from which time starts to run – Liability for an individual measure – Date
            on which the injurious effects of the measure are produced – Refusal of the Commission to intervene in a dispute concerning
            the payment of a debt by a non-member State to a Community national under the Cotonou Agreement – Time running from the point
            at which the damage realised, concretising at the point of that refusal – Account taken of a subjective assessment of the
            reality of the damage – Not permissible – Inadmissibility on account of prescription (Arts 235 EC and 288, second para., EC;
            Statute of the Court of Justice, Arts 46 and 53) (see paras 41-42, 52, 62, 67)
      2.                     Actions for damages – Limitation period – Interruption – Conditions – Lodging of an application before the Community judicature
            or submission of a prior request to the competent institution – Concept of application for that purpose – Application for
            annulment – Not included (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 43, 63, 65, 67)
      Re:
      
         
               ACTION for damages to compensate for the harm allegedly suffered following the Commission’s refusal to intervene in a dispute
                  between the applicant and the Cameroonian State.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Massimo Campailla is ordered to bear his own costs and those incurred by the European Commission.