Article 47

Appeal

1. An appeal may be brought against a decision of the Agency taken pursuant to Title II, Chapters II, III and IV, to Article 43(2), to Articles 49 to 52, and to Title IV, as well as against any other decision of the Agency addressed to a natural or legal person or 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 the statements of the grounds thereof, shall be filed in writing to the Agency within 3 months from the date of notification of that decision to the person concerned, or in the absence thereof, of the day on which the Agency published its decision.

3. An appeal lodged pursuant to paragraph 1 shall not suspend the application of the decision referred to in that paragraph. The Board of Appeal may however suspend the application of the contested decision if it considers that circumstances so require.

4. The Board of Appeal shall decide upon the appeal within 6 months after an appeal has been lodged. The Board of Appeal may confirm the decision, or it may remit the case to the Compliance Board. The latter shall be bound by the decision of the Board of Appeal. The decisions taken by the Board of Appeal shall be reasoned and shall be made public by the Authority.

5. The Commission is empowered to determine the details of the procedure before the Board of Appeal in accordance with the examination procedure referred to in Article 114(2).

6. Actions for the annulment of a decision issued by the Agency pursuant to this Regulation and actions for failure to act within the applicable time limits may be brought before the Court of Justice only after the exhaustion of the appeal procedure referred to above.

Warning: Cannot modify header information - headers already sent by (output started at /var/www/html/article.php:8) in /var/www/html/script/loginauth.php on line 163