LPN-Liga para Proteccao da Natureza & Anor v Commission of the European Communities (Inadmissibility) [1998] EUECJ T-155/95 (15 July 1998)
A request for the full text of a measure made more than four months after becoming aware of its existence is not within a reasonable period; any subsequent action is out of time and inadmissible.
Source-derived case information.
- Citation
- [1998] EUECJ T-155/95
- Parties
- Applicant: LPN - Liga para Protecção da Natureza; Applicant: GEOTA - Grupo de Estudos do Ordenamento do Território e do Ambiente; Respondent: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Action for Annulment / Order on Inadmissibility
- Outcome
- action dismissed as inadmissible
- Legal Topics
- Actions for Annulment, Time Limits, Notification of Measures
Source-derived case record
Summary, issues, holding and outcome
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Parties
LPN - Liga para Protecção da Natureza
Applicant
GEOTA - Grupo de Estudos do Ordenamento do Território e do Ambiente
Applicant
Commission of the European Communities
Respondent
Procedural Posture
Action for Annulment / Order on Inadmissibility
Legal Issues
- 1 Whether the action for annulment was brought within the time-limit prescribed by Article 173 of the EC Treaty when the measure was not notified to the applicant.
Ratio Decidendi
A request for the full text of a measure made more than four months after becoming aware of its existence is not within a reasonable period; any subsequent action is out of time and inadmissible.
Court Disposition
action dismissed as inadmissible
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) >> LPN-Liga para Proteccao da Natureza & Anor v Commission of the European Communities (Inadmissibility) [1998] EUECJ T-155/95 (15 July 1998) URL: https://www.bailii.org/eu/cases/EUECJ/1998/T15595.html Cite as: [1998] EUECJ T-155/95 [ 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. 61995B0155(01) Order of the Court of First Instance (Fifth Chamber) of 15 July 1998. LPN - Liga para Protecção da Natureza and GEOTA - Grupo de Estudos do Ordenamento do Território e do Ambiente v Commission of the European Communities. Inadmissibility. Case T-155/95. European Court reports 1998 Page II-02751 Actions for annulment - Time-limits - Point from which time starts to run - Measure not notified to the applicant - Obligation for the person concerned to request the whole text of the measure within a reasonable time of becoming aware of its existence (EC Treaty, Art. 173, fifth para.) For the purposes of the proceedings provided for in Article 173 of the Treaty, it is for the party who has knowledge of the existence of a measure concerning it but not notified to it and of which it seeks the annulment to request the whole text thereof within a reasonable period of time. A request made more than four months after the party concerned became aware of the existence of a measure must be regarded as not having been made within any period that could be considered reasonable and any subsequent action brought by that party will be clearly out of time. © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1998/T15595.html