in force 2020-01-01 MODIFIED+10 −2§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
The time limit for filing an appeal, together with a statement of grounds, with the Authority was changed from two months to three months.
The time limit for the Board of Appeal to decide upon an appeal after it has been lodged was likewise changed from two months to three months.
Cited: Art. 60, v1 · Art. 60, v2
text before / after
02010R1094-20140523 → 02010R1094-20200101
Article 60
Appeals
1. Any natural or legal person, including competent authorities, may appeal against a decision of the Authority referred to in Articles 17, 18 and 19and any other decision taken by the Authority in accordance with the Union acts referred to in Article 1(2) which is addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to that person.
2. The appeal, together with a statement of grounds, shall be filed in writing at the Authority within 2 three months of the date of notification of the decision to the person concerned, or, in the absence of a notification, of the day on which the Authority published its decision.
The Board of Appeal shall decide upon the appeal within 2 three months after the appeal has been lodged.
3. An appeal lodged pursuant to paragraph 1 shall not have suspensive effect.
However, the Board of Appeal may, if it considers that circumstances so require, suspend the application of the contested decision.
4. If the appeal is admissible, the Board of Appeal shall examine whether it is well-founded. It shall invite the parties to the appeal proceedings to file observations on its own notifications or on communications from the other parties to the appeal proceedings, within specified time limits. Parties to the appeal proceedings shall be entitled to make oral representations.
5. The Board of Appeal may confirm the decision taken by the competent body of the Authority, or remit the case to the competent body of the Authority. That body shall be bound by the decision of the Board of Appeal and that body shall adopt an amended decision regarding the case concerned.
6. The Board of Appeal shall adopt and make public its rules of procedure.
7. The decisions taken by the Board of Appeal shall be reasoned and shall be made public by the Authority.