Corte di giustizia UE/2024

[OSCURATO:PERSONA] ([OSCURATO:PERSONA]) 9 April 2024 ( * ) (Rectification order) [OSCURATO:PERSONA] C‑522/23 P‑REC, APPEAL under Article 56 of the Statute of the [OSCURATO:PERSONA] of Justice of the [OSCURATO:PERSONA], brought on 10 August 2023, NO, represented by E. Smartt, Solicitor, appellant, the other party to the proceedings being: [OSCURATO:PERSONA], represented by I. Barcew and L. Nicolae, acting as Agents, defendant at first instance, [OSCURATO:PERSONA] ([OSCURATO:PERSONA]), composed of N. [OSCURATO:PERSONA], [OSCURATO:PERSONA] of the [OSCURATO:PERSONA], N. Jääskinen (Rapporteur) and M. Gavalec, Judges, [OSCURATO:PERSONA]: L. [OSCURATO:PERSONA], [OSCURATO:PERSONA]: A. [OSCURATO:PERSONA], after hearing the [OSCURATO:PERSONA], makes the following [OSCURATO:PERSONA] 1 On 30 January 2024, the [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) made the order in NO v [OSCURATO:PERSONA] (C‑522/23 P, ‘the order at issue’, EU:C:2024:108). 2 By document lodged at the Registry of the [OSCURATO:PERSONA] on 9 February 2024, the [OSCURATO:PERSONA] made, pursuant to Article 154 of the Rules of Procedure of the [OSCURATO:PERSONA] of Justice, which is applicable to the procedure on appeal pursuant to Article 190(1) of those rules, a request for rectification of paragraph 37 of the order at issue. 3 As matters stand, that paragraph is worded as follows: ‘In the present case, the [OSCURATO:PERSONA]’s defence was lodged on 4 April 2023, that is, two months and 15 days after service on that institution, on 19 January 2023, of the application in proper form. Therefore, the [OSCURATO:PERSONA] failed to respond to that application within the time limit of two months prescribed by Article 81 of the Rules of Procedure of the [OSCURATO:PERSONA], extended on account of distance by a period of 10 days.’ 4 In its request for rectification of that paragraph, the [OSCURATO:PERSONA] states, with supporting evidence, that the application in proper form was not served on it until 26 January 2023, the date on which it requested access to that application, in accordance with Article 6 of the Decision of the [OSCURATO:PERSONA] of 11 July 2018 on the lodging and service of procedural documents by means of e-Curia (OJ 2018 L 240, p. 72). 5 It is therefore established that paragraph 37 contains an obvious inaccuracy which must be rectified, in accordance with Article 154 of the Rules of Procedure of the [OSCURATO:PERSONA] of Justice, as follows: ‘In the present case, it should, however, be noted that, pursuant to Article 6 of the Decision of the [OSCURATO:PERSONA] of 11 July 2018 on the lodging and service of procedural documents by means of e-Curia (OJ 2018 L 240, p. 72), the application in proper form was not served on the [OSCURATO:PERSONA] until 26 January 2023, the date on which it requested access to that application. By lodging its defence on 4 April 2023, the [OSCURATO:PERSONA] therefore responded to that application within the time limit of two months prescribed by Article 81 of the Rules of Procedure of the [OSCURATO:PERSONA], extended on account of distance by a period of 10 days.’ 6 As a result of the new wording of paragraph 37 of the order at issue as rectified, paragraph 38 of that order should begin with ‘In any event’ instead of ‘However’: ‘In any event, it is apparent from Article 123(3) of the Rules of Procedure of the [OSCURATO:PERSONA] that that court is to give judgment in favour of the applicant unless, inter alia, the action is manifestly inadmissible or manifestly lacking any foundation in law.’ On those grounds, the [OSCURATO:PERSONA] ([OSCURATO:PERSONA]) hereby orders: 1. Paragraphs 37 and 38 of the order of 30 January 2024, NO v [OSCURATO:PERSONA] (C ‑ 522/23 P, EU:C:2024:108), must be rectified as follows: ‘37 In the present case, it should, however, be noted that, pursuant to Article 6 of the Decision of the [OSCURATO:PERSONA] of 11 July 2018 on the lodging and service of procedural documents by means of e-Curia (OJ 2018 L 240, p. 72), the application in proper form was not served on the [OSCURATO:PERSONA] until 26 January 2023, the date on which it requested access to that application. By lodging its defence on 4 April 2023, the [OSCURATO:PERSONA] therefore responded to that application within the time limit of two months prescribed by Article 81 of the Rules of Procedure of the [OSCURATO:PERSONA], extended on account of distance by a period of 10 days. 38 In any event, it is apparent from Article 123(3) of the Rules of Procedure of the [OSCURATO:PERSONA] that that court is to give judgment in favour of the applicant unless, inter alia, the action is manifestly inadmissible or manifestly lacking any foundation in law.’ 2. The original of this order shall be annexed to the original of the rectified order. A note of this order shall be made in the margin of the original of the rectified order. Luxembourg, 9 April 2024. A. [OSCURATO:PERSONA] N. [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] * Language of the case: English.