ClientEarth, v European Commission [2012] EUECJ T-278/11 (13 November 2012)

ClientEarth, v European Commission [2012] EUECJ T-278/11 (13 November 2012)

The action was manifestly inadmissible because it was brought after the expiry of the prescribed time-limit for challenging the implied negative decision, which was made on 4 February 2011 under Article 8(3) of Regulation No 1049/2001. The time-limits for bringing proceedings are not subject to adjustment by correspondence or undertakings between parties.

Citation
[2012] EUECJ T-278/11
Parties
Applicant: ClientEarth; Applicant: Friends of the Earth Europe; Applicant: Stichting FERN; Applicant: Stichting Corporate Europe Observatory; Respondent: European Commission
Jurisdiction
European Union
Judgment Date
13 November 2012
Procedural Posture
Action for Annulment / Order on Admissibility
Outcome
action dismissed as manifestly inadmissible
Legal Topics
Access to Documents, Time Limits for Proceedings, Environmental Information
Administrative Law EU Law Access to Documents Time Limits for Proceedings Environmental Information

Case Brief

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Parties

ClientEarth

Applicant

Friends of the Earth Europe

Applicant

Stichting FERN

Applicant

Stichting Corporate Europe Observatory

Applicant

European Commission

Respondent

Procedural Posture

Action for Annulment / Order on Admissibility

Legal Issues

  1. 1 Whether the action for annulment against the Commission's implied refusal of access to documents was brought within the prescribed time-limit
  2. 2 Whether the applicants retained a legal interest in the proceedings after subsequent express decisions

Ratio Decidendi

The action was manifestly inadmissible because it was brought after the expiry of the prescribed time-limit for challenging the implied negative decision, which was made on 4 February 2011 under Article 8(3) of Regulation No 1049/2001. The time-limits for bringing proceedings are not subject to adjustment by correspondence or undertakings between parties.

Court Disposition

action dismissed as manifestly inadmissible

Orders

  • The action is dismissed as manifestly inadmissible.
  • The European Commission is ordered to bear its own costs and to pay three quarters of the costs of ClientEarth, Friends of the Earth Europe, Stichting FERN and Corporate Europe Observatory, which shall bear one quarter of their own costs.