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Order of the General Court (Second Chamber) of 1 September 2011. # Abdelrazag Elosta v European Commission. # Action for annulment - Period for commencing proceedings - Out of time - No force majeure - No excusable error - Inadmissibility. # Case T-102/09.
ECLI:EU:T:2011:412
62009TO0102(01)
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(Case T-102/09)
Action for annulment – Period for commencing proceedings – Out of time – No force majeure – No excusable error – Inadmissibility
3. Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept – Error by the applicant’s lawyer in calculating time-limits – Not included (Rules of Procedure of the General Court, Art. 101(1)) (see paras 31-32)
4. Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Previous order allowing the applicant legal aid – No effect (Rules of Procedure of the General Court, Art. 96(4)) (see paras 35-36)
Re:
APPLICATION for annulment of Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban (OJ 2008 L 345, p. 60), in so far as it concerns the applicant.
Operative part
1.The action is dismissed as inadmissible.
2.Mr Abdelrazag Elosta is ordered to bear his own costs and pay the costs of the European Commission.
3.The Council of the European Union is ordered to bear its own costs.