Avis juridique important

61989A0125

European Court reports 1990 Page II-00393 Pub.RJ Page Pub somm

Summary

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 ).

Parties

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,

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 :

Operative part

( 1 ) Dismisses the application as inadmissible;

( 2 ) Orders the applicant to pay the costs, including those of the intervener.