T-125/89
ECLI:EU:T:1990:43
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Case T-125/89 (Summary publication)
Filtrona Española SA v Commission of the European Communities
(Competition — Admissibility — Period allowed for commencing proceedings)
Summary of the Judgment
Procedure — Period allowed for commencing proceedings — Calculation (Rules of Procedure, Arts 80(1) and 81(1))
The provisions governing the way in which Where the period of time allowed for periods of time prescribed for the taking of commencing proceedings is expressed in a procedural step are calculated are calendar months, that period expires at the generally applicable and do not depend on end of the day which, in the month the type of proceedings commenced or on indicated by the time-limit, bears the same the length of the period of time allowed for number as the day from which time was set commencing the proceedings. 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).
J U D G M E N T OF T H E COURT OF FIRST INSTANCE (Second Chamber) 10 July 1990*
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,
* Language of the case: Spanish.
II-393
JUDGMENT OF 10. 7. 1990 — CASE T-125/89
of Uria & 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 Böhlke, Rechtsanwalt, and by Antonia Gámez Moreno, abogado, of Kemmler, Rapp, Böhlke & 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),
T H E 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.
II-394