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Order of the Court of First Instance (Fourth Chamber) of 17 January 2007. # Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa Akar v Commission of the European Communities. # Action for annulment - Essential procedural requirements - Natural and legal persons required to be represented by a lawyer entitled to practise before a court of a Member State - Application in proper form lodged out-of-time - Inadmissibility of the action. # Case T-129/06.
ECLI:EU:T:2007:11
62006TO0129
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(Case T-129/06)
Action for annulment – Essential procedural requirements – Natural and legal persons required to be represented by a lawyer entitled to practise before a court of a Member State – Application in proper form lodged out-of-time – Inadmissibility of the action
1. Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 19, third and fourth paras, 21, second para., and 53, first para.; Rules of Procedure of the Court of First Instance, Arts 43(1) and 44(3)) (see paras 25-30)
2. Procedure – Time-limit for instituting proceedings – Time barred – Excusable error – Definition (Statute of the Court of Justice, Art. 21, second para.; Rules of Procedure of the Court of First Instance, Art. 44(6)) (see paras 31-44)
Re:
APPLICATION for, first, annulment of Decision MK/KS/DELTUR/(2005)/SecE/D/1614 of 23 December 2005 concerning the award of a public works contract for the construction of educational establishments in the Provinces of Siirt and Diyarbakir (EuropeAid/121601/C/W/TR) and, second, suspension of the award procedure in question.
Operative part
The Court:
Dismisses the action as inadmissible;
Orders the applicants, Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa Akar, to bear their own costs and, jointly and severally, pay the Commission’s costs.