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Fulvio Fonzi v Commission EAEC (Judgment): ECJ 15 Dec 1966

Europa 1. Procedure – extension of time-limits on account of distance – applicant’s place of residence to be taken into account (rules of procedure, annex ii, article I) 2. Officials – disputes with the administration – appeal through official channels made within the time-limit for appeal to the court – time-limit for appeal to the court preserved (staff regulations of officials of the EAEC, articles 90, 91) 3. Procedure – principal claim – inadmissibility entailing that of ancillary claim 4. Procedure – pleadings – documents prejudicial to third parties to be removed from the file of the case – conditions (rules of procedure, article 37) 1. The extension of time-limits on account of distance is dependent solely on the facts, that is to say, on where the applicant is habitually resident. The place of residence of the applicant’s lawyer cannot be taken into consideration. 2. Cf. Para. 1, summary, judgment in joined cases 27 and 30/64, (1965) ECR 481. It appears from articles 90 and 91 of the staff regulations, read together, that appeals through official channels are subject to the same time-limit as applies to appeals to the court of justice, provided that they were themselves instituted within the time laid down for appeals to the court. In the case of a rejection of an appeal through official channels, the date on which the applicant becomes aware of this rejection constitutes the termination of the administrative procedure and marks the date from which time begins to run in respect of the time limit for lodging an appeal to the court. */ 664j0027 /*. 3. The inadmissibility of a principal claim entails that of any ancillary claim based on it. 4. Documents capable of prejudicing third parties not involved in the proceedings and unable to defend themselves must be removed from the file of the case.

Citations:

C-28/65

European

Updated: 10 April 2022; Ref: scu.131797

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