CELEX: 62009TO0101(01)
Language: en
Date: 2011-09-01 00:00:00
Title: Order of the General Court (Second Chamber) of 1 September 2011. # Elmabruk Maftah v European Commission. # Action for annulment - Period allowed for commencing proceedings - Out of time - No force majeure - No excusable error - Inadmissibility. # Case T-101/09.

Order of the General Court (Second Chamber) of 1 September 2011 – Maftah v Commission
      (Case T-101/09)
      Action for annulment – Period allowed for commencing proceedings – Out of time – No force majeure – No excusable error – Inadmissibility
      1.                     Actions for annulment – Time-limits – Point from which time starts to run – Date of publication – Regulation imposing restrictive
            measures taken against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban
            – Regulation continuing to produce effects until its repeal – No effect (Art. 263, second para., TFEU; Rules of Procedure
            of the General Court, Art. 102(1); Commission Regulation No 1330/2008) (see paras 20-21, 37)
      2.                     Procedure – Time-limit for instituting proceedings – Mandatory (Art. 263, sixth para., TFEU; Rules of Procedure of the General
            Court, Art. 101(1)(a) and (b)) (see paras 29, 38, 41)
      3.                     Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept – Error by
            the applicant’s lawyer in calculating time-limits – Not included (Rules of Procedure of the General Court, Art. 101(1)) (see
            paras 31-32)
      4.                     Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Previous order allowing the applicant
            legal aid – No effect (Rules of Procedure of the General Court, Art. 96(4)) (see paras 35-36)
      Re:
      
         
               APPLICATION for annulment of Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council
                  Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated
                  with Usama bin Laden, the Al-Qaeda network and the Taliban (OJ 2008 L 345, p. 60), in so far as it concerns the applicant.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed as inadmissible.
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Elmabruk Maftah is ordered to bear his own costs and pay the costs of the European Commission.
               
            
         
                  3.
               
               
                  
               
               
                  	The Council of the European Union is ordered bear its own costs.