[1]Avis juridique important
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                                   61997B0276

   Order of the Court of First Instance (Third Chamber) of 13 February
   1998. - Guérin automobiles v Commission of the European Communities. -
   Competition - Action for annulment - Time-limit for bringing
   proceedings - Manifest inadmissibility of the application. - Case
   T-276/97.
   European Court reports 1998 Page II-00261

   [2]Summary

Keywords

   Actions for annulment - Time-limits - Mandatory - Point from which time
   starts to run - Notification - Purely formal errors irrelevant

   (EC Treaty, Art. 173)

Summary

   The two-month time-limit for bringing an action laid down by Article
   173 of the Treaty is a matter of public policy which was established in
   order to ensure that legal positions are clear and certain and to avoid
   discrimination or arbitrary treatment in the administration of justice.
   The Court of First Instance may determine of its own motion whether it
   has been complied with.

   In that context, an error in the description of the addressee of a
   decision which is the subject of an action for annulment is a purely
   formal error which cannot in any event prevent the application of the
   time-limits laid down by the Treaty, provided that the addressee of the
   contested decision was able to see that it was addressed to him.

References

   1. file:///../editorial/legal_notice.htm
   2. file:///tmp/lynxXXXXvnBbg1/L104014-2456TMP.html#SM