1. The concepts of force majeure and unforeseeable circumstances contain, besides an objective element relating to abnormal circumstances unconnected with the party in question, a subjective element involving the obligation, on his part, to guard against the consequences of the abnormal event by taking appropriate steps without making unreasonable sacrifices. In particular, the party in question must pay close attention to the course of the procedure and, in particular, demonstrate diligence in order to comply with the prescribed time-limits. Thus, the concepts of force majeure and unforeseeable circumstances do not apply to a situation in which, objectively, a diligent and prudent person would have been able to take the necessary steps before the expiry of the period prescribed for instituting proceedings. (see para. 17)
2. The fact that the Commission does not refer, in a measure, to the possibility of starting judicial proceedings and/or of lodging a complaint with the European Ombudsman, in accordance with Article 230 EC or Article 195 EC, is a breach of the obligations which that institution has taken upon itself by its adoption of the Code of good administrative behaviour for staff of the European Commission in their relations with the public which is set out in the Annex to the Rules of Procedure of the Commission. (see para. 25)
3. The concept of excusable error, the direct source of which is a concern for observance of the principles of legal certainty and of the protection of legitimate expectations, can concern only exceptional circumstances in which, in particular, the conduct of the institution concerned was, either alone or to a decisive extent, such as to give rise to a pardonable confusion in the mind of a party acting in good faith and exercising all the diligence required of a normally prudent person. Although such may be the case where the commencement of an action out of time is caused by the provision, by the institution concerned, of wrong information creating pardonable confusion in the mind of such a person, or where the breach by the institution concerned of certain of its rules of procedure, such as, for example, a code of behaviour, has created such confusion, it cannot be the case, where the person concerned cannot harbour any doubt that the measure notified to him is in the nature of a decision. Indeed, in the latter case, the absence of information relating to the possibility of an appeal cannot in any way mislead that person.(see para. 30)
Citations:
T-218/01, [2002] EUECJ T-218/01
Links:
European, Administrative
Updated: 06 June 2022; Ref: scu.173934