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Document 62008TO0545
Order of the Court of First Instance (Seventh Chamber) of 8 July 2009. # Thérèse Nicole Thoss v Court of Auditors of the European Communities. # Action for annulment - Time-limit for bringing an action - Lateness - Absence of excusable error - Manifest inadmissibility. # Case T-545/08.
Order of the Court of First Instance (Seventh Chamber) of 8 July 2009.
Thérèse Nicole Thoss v Court of Auditors of the European Communities.
Action for annulment - Time-limit for bringing an action - Lateness - Absence of excusable error - Manifest inadmissibility.
Case T-545/08.
Order of the Court of First Instance (Seventh Chamber) of 8 July 2009.
Thérèse Nicole Thoss v Court of Auditors of the European Communities.
Action for annulment - Time-limit for bringing an action - Lateness - Absence of excusable error - Manifest inadmissibility.
Case T-545/08.
European Court Reports 2009 II-00115*
ECLI identifier: ECLI:EU:T:2009:260
Order of the Court of First Instance (Seventh Chamber) of 8 July 2009 – Thoss v Court of Auditors
(Case T-545/08)
Action for annulment – Time-limit for bringing an action – Lateness – Absence of excusable error – Manifest inadmissibility
1. Procedure – Division of jurisdiction between the various Community courts – Action for annulment brought by a Member of the Court of Auditors against a decision of that institution – Lack of jurisdiction of the Civil Service Tribunal (Art. 230 EC; Statute of the Court of Justice, Annex I, Art. 8(2)) (see paras 26-27)
2. Procedure – Time-limits for instituting proceedings – Mandatory (see paras 35-36, 40)
3. Actions for annulment – Time-limits – Point from which time starts to run – Notification (Art. 230, fifth para., EC) (see paras 41-42)
Re:
| APPLICATION for annulment of the decision of the Court of Auditors of 20 March 2006 refusing to allocate to the applicant, the widow of a former Member of the Court of Auditors, a survivor’s pension on the ground that the condition that the couple had to have been married for five years at the time of death has not been satisfied (case registered as F-46/08 and referred by the Civil Service Tribunal). |
Operative part
1. The action is dismissed as manifestly inadmissible.
2. Mrs Thérèse Nicole Thoss is ordered to pay the costs.