Summary
Parties
Grounds
Operative part
Keywords
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Procedure ° Time-limit for bringing proceedings ° Application for legal aid ° Lodging of the application without the assistance of a lawyer within the time prescribed for bringing proceedings but prior to the initiation of proceedings ° Suspension of the time-limit for bringing proceedings
(Rules of Procedure of the Court of First Instance, Art. 94)
Summary
The lodging of an application for legal aid without the assistance of a lawyer, within the time prescribed for bringing proceedings but prior to the initiation of proceedings, prevents time from running until the applicant is served with the order of the Court.
Parties
In Case T-92/92 AJ,
Loïc Lallemand-Zeller, residing at Sceaux (France),
applicant,
v
Commission of the European Communities,
defendant,
APPLICATION for legal aid pursuant to Article 94 of the Rules of Procedure,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fifth Chamber),
composed of: D.P.M. Barrington, President, R. Schintgen and A. Kalogeropoulos, Judges,
Registrar: H. Jung,
having regard to Articles 94 and 95 of the Rules of Procedure,
makes the following
Order
Grounds
By letter received at the Registry of the Court of First Instance on 13 November 1992, Loïc Lallemand-Zeller applied for legal aid in order to bring an action against the Commission of the European Communities following the decision of the Selection Board for Competition COM/A/721 not to admit him to the oral tests in view of the results obtained in the written tests.
Mr Lallemand-Zeller stated that he lacked means and lodged in support of his application a letter from the local social welfare department certifying that he has been without income since July 1992.
In its observations lodged at the Court Registry on 27 November 1992, the Commission stated that, in its opinion, the application for legal aid ought to be granted.
The applicant should be granted legal aid.
The applicant has taken no action in response to the request made by letter of 4 December 1992 that he should indicate a lawyer of his choice to act for him; Aloyse May, of the Luxembourg Bar, should therefore be appointed for this purpose.
In order to give due effect to the present application for legal aid, which has been lodged without the assistance of a lawyer, it should be noted that the lodging of that application, which appears to be justified, before the initiation of proceedings and within the period prescribed for that purpose, has prevented time from running for the purposes of bringing proceedings until the date on which the applicant is served with the present order granting him legal aid and appointing his lawyer.
Operative part
THE COURT OF FIRST INSTANCE (Fifth Chamber)
hereby orders:
1. Loïc Lallemand-Zeller is granted legal aid.
2. Aloyse May of the Luxembourg Bar is appointed to act for the applicant.
3. Time for the purposes of bringing proceedings shall not run from 13 November 1992 until the date on which the applicant is served with the present order.
4. The decision on the amount of expenses and fees to be paid by way of legal aid is reserved.
Luxembourg, 14 January 1993.
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