Judgment of the Court (Seventh Chamber) of 11 November 2010 -
   Transportes Evaristo Molina v Commission

   (Case C-36/09 P)

   Appeal - Agreements, decisions and concerted practices - Service
   station market in Spain - Long-term exclusive fuel supply agreements -
   Commission decision - Right of purchase granted to certain service
   stations - Conditions of supply by Repsol - List of the service
   stations concerned - Action for annulment - Time-limits for commencing
   proceedings - Starting point

   1.                     Actions for annulment - Time-limits - Point from
   which time starts to run -Date of publication of the measure at issue -
   Interested person concerned later - No effect (Art. 230, fifth para.,
   EC; Rules of Procedure of the General Court, Art. 102(1)) (see paras
   37-40)

   2.                     Procedure - Time-limit for instituting
   proceedings - Claim barred by lapse of time - Unforeseeable
   circumstances or force majeure - Concepts that cannot concern the point
   from which time starts to run (Statute of the Court of Justice, Art.
   45, second para.) (see paras 40, 43)

   Re:

   Appeal brought against the order of the Court of First Instance (Fourth
   Chamber) of 14 November 2008 in Case T-45/08 Transportes Evaristo
   Molina v Commission , by which that court dismissed the action for
   annulment of Commission Decision 2006/446/EC of 12 April 2006 relating
   to a proceeding pursuant to Article 81 EC (Case COMP/B-1/38348 - Repsol
   CPP) (summary published in OJ 2006 L 176, p. 104) making binding the
   undertakings given by Repsol CPP, adopted in accordance with Article 9
   of Council Regulation (EC) No 1/2003 of 16 December 2002 on the
   implementation of the rules on competition laid down in Articles
   81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1).

   Operative part

   The Court:

   1.

   Dismisses the appeal;

   2.

   Orders Transportes Evaristo Molina, SA to pay the costs.