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Case C-242/07 P: Order of the Court of 8 November 2007 — Kingdom of Belgium v Commission of the European Communities (Appeals — Time for appealing — Article 43(6) of the Rules of Procedure of the Court of First Instance — Original of the application lodged out of time — Inadmissibility — Concept of excusable error — Concept of unforeseeable circumstances )
ECLI:EU:UNKNOWN:62007CB0242
62007CB0242
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Official Journal of the European Union
JUDGMENT OF THE COURT (Tenth Chamber)
26.1.2008
C 22/19
(Case C-242/07 P)
(Appeals - Time for appealing - Article 43(6) of the Rules of Procedure of the Court of First Instance - Original of the application lodged out of time - Inadmissibility - Concept of ‘excusable error’ - Concept of ‘unforeseeable circumstances’)
(2008/C 22/36)
Language of the case: French
Parties
Applicant: Kingdom of Belgium (represented by: L. Van den Broeck, Agent, J.-P. Buyle and C. Steyaert, avocats)
Other party to the proceedings: Commission of the European Communities (represented by: L. Flynn and A. Steiblytė, Agents)
Re:
Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 15 March 2007 in Case T-5/07 Belgium v Commission, by which the Court of First Instance dismissed as inadmissible, because it was brought out of time, the appellant's action for annulment of the Commission's decision of 18 October 2006 refusing to reimburse it for a principal sum and interest paid by it in respect of debts to the European Social Fund — Time-limits for commencing proceedings and time-limits for lodging an original when a copy has earlier been sent by fax — Concepts of unforeseeable circumstances and excusable error
Operative part of the order
The Court orders:
1.The appeal is dismissed.
2.The Kingdom of Belgium is ordered to pay the costs.
Language of the case: French.
(1) OJ C 170, 21.7.2007.