Keywords
Summary

Keywords

Procedure — Time-limits for bringing proceedings — Time-barred — Excusable error — Meaning — Scope

Summary

Full knowledge of the finality of a decision and of the time-limit for bringing an action under Article 230 EC does not, in itself, prevent an individual from pleading excusable error to justify his application being out of time since such an error may occur, in particular, when the conduct of the institution concerned has been, either alone or to a decisive extent, such as to give rise to pardonable confusion in the mind of a party acting in good faith and exercising all the diligence required of a normally well-informed person. If those conditions are met, it cannot be ruled out in principle that the error may have a bearing on factors other than the finality or otherwise of the contested decision or the detailed rules and procedures for bringing the various types of action provided for in the Treaty.

see paras 24-25