Judgment_paragraph 41 · Sina Bank v Council of the European Union (T-15/11)

41As a preliminary observation, it should be recalled that, under Article 113 of the Rules of Procedure, the General Court may at any time, of its own motion, after hearing the parties, decide whether there exists any absolute bar to proceeding, which, according to the case-law, would include lack of jurisdiction of the EU judicature to hear an action (Joined Cases 154/78, 205/78, 206/78, 226/78 to 228/78, 263/78, 264/78, 31/79, 39/79, 83/79 and 85/79 Valsabbia and Others v Commission [1980] ECR 907, paragraph 7; Case T-174/95 Svenska Journalistförbundet v Council [1998] ECR II-2289, paragraph 80) and questions concerning the admissibility of the action (Case 6/60 Humblet v État belge [1960] ECR 559, 570). Review by the General Court is thus not limited to absolute bars to proceeding raised by the parties (order in Case T-387/00 Comitato organizzatore del convegno internazionale v Commission [2002] ECR II-3031, paragraph 36). However, the EU judicature cannot, in principle, base its decision on a plea in law or an absolute bar to proceeding, even as a matter of public policy, without having first invited the parties to submit their observations (see, to that effect, Case C-89/08 P Commission v Ireland and Others [2009] ECR I-11245, paragraphs 50 to 59; Case C-197/09 RX II Review M v EMEA [2009] ECR I-12033, paragraph 57).