Court of Justice of the European Communities (including Court of First Instance Decisions)

You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Filtrona Espanola SA v Commission of the European Communities. (Competition) [1990] EUECJ T-125/89 (10 July 1990)
URL: http://www.bailii.org/eu/cases/EUECJ/1990/T12589.html
Cite as: [1990] EUECJ T-125/89

[New search] [Help]

IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61989A0125
Judgment of the Court of First Instance (Second Chamber) of 10 July 1990.
Filtrona Espanola SA v Commission of the European Communities.
Competition - Admissibility - Period allowed for commencing proceedings.
Case T-125/89.
European Court reports 1990 Page II-00393
Pub.RJ Page Pub somm

++++
Procedure - Period allowed for commencing proceedings - Calculation
( Rules of Procedure, Arts 80(1 ) and 81(1 ) )

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 ).

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,
v
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 :

( 1 ) Dismisses the application as inadmissible;
( 2 ) Orders the applicant to pay the costs, including those of the intervener .

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010