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Order of the General Court (Third Chamber) of 14 March 2011. # Massimo Campailla v European Commission. # Action for damages - Limitation period - Article 46 of the Statute of the Court of Justice - Inadmissibility. # Case T-429/09.
ECLI:EU:T:2011:89
62009TO0429
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(Case T-429/09)
Action for damages – Limitation period – Article 46 of the Statute of the Court of Justice – Inadmissibility
1.Actions for damages – Limitation period – Point from which time starts to run – Liability for an individual measure – Date on which the injurious effects of the measure are produced – Refusal of the Commission to intervene in a dispute concerning the payment of a debt by a non-member State to a Community national under the Cotonou Agreement – Time running from the point at which the damage realised, concretising at the point of that refusal – Account taken of a subjective assessment of the reality of the damage – Not permissible – Inadmissibility on account of prescription (Arts 235 EC and 288, second para., EC; Statute of the Court of Justice, Arts 46 and 53) (see paras 41-42, 52, 62, 67)
2.Actions for damages – Limitation period – Interruption – Conditions – Lodging of an application before the Community judicature or submission of a prior request to the competent institution – Concept of application for that purpose – Application for annulment – Not included (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 43, 63, 65, 67)
Re:
ACTION for damages to compensate for the harm allegedly suffered following the Commission’s refusal to intervene in a dispute between the applicant and the Cameroonian State.
Operative part
1.The action is dismissed.
2.Mr Massimo Campailla is ordered to bear his own costs and those incurred by the European Commission.