Judgment_paragraph 37 · João Miguel Barata v European Parliament (T-723/18)

37In the context of an appeal against a decision at first instance relating to an action based on Article 263 TFEU, the Court of Justice, in its judgment of 21 February 2018, LL v Parliament (C‑326/16 P, EU:C:2018:83), set aside the order of 19 April 2016, LL v Parliament (T‑615/15, not published, EU:T:2016:432), by which the General Court, having found that the action had been brought more than 17 months after notification of the contested measure, without the appellant having pleaded the existence of unforeseeable circumstances or force majeure, dismissed the action as manifestly inadmissible on the ground that it was out of time. In particular, the Court of Justice rejected the argument that the period for bringing an action after unsuccessful notification by registered letter began to run in that case from the expiry of the retention period applied by the Belgian postal service.

João Miguel Barata v European Parliament (T-723/18)

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