Filtrona Espanola SA v Commission of the European Communities. (Competition) [1990] EUECJ T-125/89 (10 July 1990)
The application was dismissed as inadmissible because it was not lodged within the period allowed for commencing proceedings, as calculated according to the Rules of Procedure and established case law.
Source-derived case information.
- Citation
- [1990] EUECJ T-125/89
- Parties
- Applicant: Filtrona Española SA; Defendant: Commission of the European Communities; Intervener: Tabacalera SA
- Jurisdiction
- European Union
- Procedural Posture
- Application for Annulment / Admissibility Ruling
- Outcome
- Application dismissed as inadmissible
- Legal Topics
- Admissibility of Application, Calculation of Procedural Time Limits, Annulment Proceedings, Article 173 EEC Treaty, Article 86 EEC Treaty
Source-derived case record
Summary, issues, holding and outcome
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Parties
Filtrona Española SA
Applicant
Commission of the European Communities
Defendant
Tabacalera SA
Intervener
Procedural Posture
Application for Annulment / Admissibility Ruling
Legal Issues
- 1 Whether the application for annulment was lodged within the period allowed for commencing proceedings under the Rules of Procedure
- 2 How to calculate the period allowed for commencing proceedings when expressed in calendar months
Ratio Decidendi
The application was dismissed as inadmissible because it was not lodged within the period allowed for commencing proceedings, as calculated according to the Rules of Procedure and established case law.
Court Disposition
Application dismissed as inadmissible
Orders
- Applicant to pay the costs, including those of the intervener
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Filtrona Espanola SA v Commission of the European Communities. (Competition) [1990] EUECJ T-125/89 (10 July 1990) URL: https://www.bailii.org/eu/cases/EUECJ/1990/T12589.html Cite as: [1990] EUECJ T-125/89 [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61989A0125 Judgment of the Court of First Instance (Second Chamber) of 10 July 1990. Filtrona Espanola SA v Commission of the European Communities. Competition - Admissibility - Period allowed for commencing proceedings. Case T-125/89. European Court reports 1990 Page II-00393 Pub. RJ Page Pub somm ++++ Procedure - Period allowed for commencing proceedings - Calculation ( Rules of Procedure, Arts 80(1 ) and 81(1 ) ) The provisions governing the way in which periods of time prescribed for the taking of a procedural step are calculated are generally applicable and do not depend on the type of proceedings commenced or on the length of the period of time allowed for commencing the proceedings . Where the period of time allowed for commencing proceedings is expressed in calendar months, that period expires at the end of the day which, in the month indicated by the time-limit, bears the same number as the day from which time was set running, that is to say, in the case of a decision which has been notified, the day of notification ( see the judgment in Case 152/85 Misset v Council [1987] ECR 223 ). In Case T-125/89, Filtrona Española SA, whose registered office is in Guadalajara, Spain, represented by José Pérez Santos, assisted by Juan Manuel Rozas Valdés, of the Madrid Bar, of Uría & Menéndez, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 4 avenue Marie-Thérèse, applicant, v Commission of the European Communities, represented by Norbert Koch, Legal Adviser, and Rafael Pellicer, a member of its Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Georgios Kremlis, also a member of its Legal Department, Centre Wagner, Kirchberg, defendant, supported by Tabacalera SA, whose registered office is in Madrid, represented by Alexander Boehlke, Rechtsanwalt, and by Antonia Gámez Moreno, abogado, of Kemmler, Rapp, Boehlke & Crosby, Brussels, with an address for service in Luxembourg at the Chambers of Victor Elvinger, 4 rue Tony Neuman, intervener, Concerning, at the present stage of the proceedings, the admissibility of an application under Article 173 of the EEC Treaty for the annulment of Commission Decision C(89)630 of 26 April 1989 ( not published ) concerning a proceeding under Article 86 of the EEC Treaty ( IV/32.426 ), THE COURT OF FIRST INSTANCE ( Second Chamber ) composed of D . Barrington, President of Chamber, A . Saggio, C . Yeraris, B . Vesterdorf and J . Biancarelli, Judges, ( The grounds of the judgment are not reproduced .) hereby : ( 1 ) Dismisses the application as inadmissible; ( 2 ) Orders the applicant to pay the costs, including those of the intervener . © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1990/T12589.html