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 81EC (Case COMP/B-1/38348 – Repsol CPP) (summary published in OJ 2006 L176, p.104) making binding the undertakings given by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81[EC] and 82[EC] (OJ 2003 L1, p.1). |
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Transportes Evaristo Molina, SA to pay the costs. |