Orders (Information) nº T-190/08 of Court of First Instance of the European Communities, May 12, 2009

• Resolution Date: May 12, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-190/08

Order of the Court of First Instance (Second Chamber) of 12 May 2009 – CHEMK and KF v Council and Commission

(Case T-190/08)

Actions for annulment – Period allowed for commencing proceedings – Partial inadmissibility – Intervention

1. Actions for annulment – Time-limits – Point from which time starts to run – Measure requiring notification – Calculation – Exceeding of the time-limit – Inadmissibility (Art. 230, fifth para., EC; Rules of Procedure of the Court of First Instance, Arts 101(1) and 102(2)) (see paras 19-23)

2. Procedure – Intervention – Party not being capable of being regarded as defendant due to the late introduction of its action for annulment – Lawfulness (Statute of the Court of Justice, Art. 40, first para.; Rules of Procedure of the Court of First Instance, Arts 115 and 116) (see paras 24-26)

   Re:

   ACTION for partial annulment of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6) and, in the alternative, annulment of the decision of the Commission of 28 February 2008 rejecting the applicants’ request that the anti-dumping duty be suspended.

   Operative part

1. The action is dismissed as inadmissible in so far as it is directed against the Commission...