«(Appeal – Decision 93/731/EC – Access to Council documents – Decision 1999/284/EC – Access to documentation and archives of the European Central Bank – Basle/Nyborg Agreement on the reinforcement of the European Monetary System – Refusal of access – Application out of time against that decision – Excusable error)»

Procedure – Time-limits for bringing proceedings – Time-barred – Excusable error – Meaning – Scope Full knowledge of the finality of a decision and of the time-limit for bringing an action under Article 230 EC does not, in itself, prevent an individual from pleading excusable error to justify his application being out of time since such an error may occur, in particular, when the conduct of the institution concerned has been, either alone or to a decisive extent, such as to give rise to pardonable confusion in the mind of a party acting in good faith and exercising all the diligence required of a normally well-informed person. If those conditions are met, it cannot be ruled out in principle that the error may have a bearing on factors other than the finality or otherwise of the contested decision or the detailed rules and procedures for bringing the various types of action provided for in the Treaty.see paras 24-25

JUDGMENT OF THE COURT (Fifth Chamber) 15 May 2003 (1)

((Appeal – Decision 93/731/EC – Access to Council documents – Decision 1999/284/EC – Access to documentation and archives of the European Central Bank – Basle/Nyborg Agreement on the reinforcement of the European Monetary System – Refusal of access – Application out of time against that decision – Excusable error))

In Case C-193/01 P,

appellant,

APPEAL against the judgment of the Court of First Instance of the European Communities (First Chamber) of 14 February 2001 in Case T-3/00

the other parties to the proceedings being:

THE COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans (Rapporteur), D.A.O. Edward, P. Jann and A. Rosas, Judges,

Advocate General: A. Tizzano,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 30 May 2002, at which Mr Pitsiorlas was represented by I. Mathioudakis, lawyer, and the Council by M. Bauer and D. Zachariou,

after hearing the Opinion of the Advocate General at the sitting on 26 September 2002,

gives the following

The admissibility of the appeal

The substance of the appeal

The fifth plea in law

On those grounds,

THE COURT (Fifth Chamber)

hereby:

Wathelet

Timmermans

Edward

Jann

Rosas

Delivered in open court in Luxembourg on 15 May 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber