H v Court of Justice (Judgment) French text [2015] EUECJ C-221/14 (26 February 2015)

H v Court of Justice (Judgment) French text [2015] EUECJ C-221/14 (26 February 2015)

The appeal was rejected because the applicant, as a former member of the Civil Service Tribunal, was not entitled to rely on the Staff Regulations' three-month limitation period; the applicable period was two months under Article 263 TFEU, which was exceeded. No excusable error was established, and the Tribunal's...

Source-derived case information.

Citation
[2015] EUECJ C-221/14
Parties
Applicant: H; Respondent: Court of Justice of the European Union
Jurisdiction
European Union
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Judicial Review, Limitation Periods, Procedural Admissibility, Health Insurance for EU Officials, Costs and Expenses
European Union Law Administrative Law Judicial Review Limitation Periods Procedural Admissibility Health Insurance for EU Officials Costs and Expenses

Source-derived case record

Summary, issues, holding and outcome

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Parties

H

Applicant

Court of Justice of the European Union

Respondent

Procedural Posture

Appeal / Judgment on Appeal

  1. 1 Whether the appeal against the General Court's order rejecting the applicant's claim as out of time was well-founded
  2. 2 Whether the correct procedural route and limitation period were applied for former members of the Civil Service Tribunal seeking review of health insurance decisions
  3. 3 Whether there was an excusable error justifying derogation from the limitation period

Ratio Decidendi

The appeal was rejected because the applicant, as a former member of the Civil Service Tribunal, was not entitled to rely on the Staff Regulations' three-month limitation period; the applicable period was two months under Article 263 TFEU, which was exceeded. No excusable error was established, and the Tribunal's summary dismissal and cost allocation were lawful.

Court Disposition

appeal dismissed

Orders

  • The appeal is rejected.
  • H is ordered to pay the costs.