02014D0016(01) — EN — 17.05.2023 — 002.001
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DECISION OF THE EUROPEAN CENTRAL BANK of 14 April 2014 concerning the establishment of an Administrative Board of Review and its Operating Rules (ECB/2014/16) (OJ L 175 14.6.2014, p. 47) |
Amended by:
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Official Journal |
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No |
page |
date |
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DECISION (EU) 2019/1378 OF THE EUROPEAN CENTRAL BANK of 9 August 2019 |
L 224 |
9 |
28.8.2019 |
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DECISION (EU) 2023/864 OF THE EUROPEAN CENTRAL BANK of 13 April 2023 |
L 112 |
46 |
27.4.2023 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 14 April 2014
concerning the establishment of an Administrative Board of Review and its Operating Rules
(ECB/2014/16)
(2014/360/EU)
PRELIMINARY CHAPTER
Article 1
Supplementary nature
This Decision shall supplement the Rules of Procedure of the European Central Bank. The terms used in this Decision shall have the same meaning as the terms defined in the Rules of Procedure of the European Central Bank.
CHAPTER I
THE ADMINISTRATIVE BOARD OF REVIEW
Article 2
Establishment
The Administrative Board of Review (hereinafter the ‘Administrative Board’) is hereby established.
Article 3
Composition
An alternate shall temporarily replace a member of the Administrative Board in case of temporary incapacity. In the context of a particular request for review, an alternate shall temporarily replace a member of the Administrative Board in the following cases:
in any situation which may raise conflict of interest concerns as defined in Article 11.1 of the Code of Conduct for high-level European Central Bank Officials ( 1 );
the member is unavailable for justified reasons.
Article 4
Appointment
Article 5
Chair and Vice-Chair
Article 6
Secretary of the Administrative Board
CHAPTER II
REQUEST FOR REVIEW
Article 7
Notice of review
Where, in the view of the Administrative Board, the applicant fails to complete the notice of review within the set time limit, the Secretary shall notify the applicant within ten working days from the expiry of that set time limit that the administrative review procedure could not be initiated because the applicant did not complete the notice of review. The notification shall state that under Article 24(11) of Regulation (EU) No 1024/2013 the administrative review procedure is without prejudice to the right to bring proceedings before the Court of Justice in accordance with the Treaties. Where the administrative review procedure is not initiated due to the absence of a complete notice of review, an opinion on the review shall not be adopted.
Article 8
Rapporteur
On receipt of a notice of review, the Chair shall designate a rapporteur for the review from the members of the Administrative Board, including the Chair. In designating the rapporteur, the Chair shall take into account the specific expertise of each member of the Administrative Board.
Article 9
Suspensory effect
CHAPTER III
REVIEW
Article 10
Scope of the review of the Administrative Board
Article 11
Admissibility of the request for review
Article 12
Directions
The Chair, on behalf of the Administrative Board, may give directions for the efficient conduct of the review, including directions to produce documents or provide information. The Secretary shall send such directions to the relevant parties. The Chair may consult with the other members for such purposes.
Article 13
Failure to comply
Article 14
Hearing
Article 15
Evidence
CHAPTER IV
DECISION-MAKING PROCESS
Article 16
Opinion on the review
Article 17
Preparation of a new draft decision
Article 18
Notification
The Administrative Board's opinion, the new draft decision submitted by the Supervisory Board and the new decision adopted by the Governing Council shall be notified to the parties by the Secretary of the Governing Council including the relevant reasoning.
CHAPTER V
RECOURSE TO THE COURT
Article 19
Recourse to the Court of Justice
This Decision is without prejudice to the right to bring proceedings before the Court of Justice in accordance with the Treaties.
CHAPTER VI
GENERAL PROVISIONS
Article 20
Access to files
Article 21
Costs orders
▼M1 —————
Article 22
Confidentiality and professional secrecy
Article 23
Supplementary rules
Article 24
Entry into force
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
ANNEX
Methodology for the apportionment of the costs of the review incurred by the applicant and by the European Central Bank in the context of a review by the Administrative Board
In cases in which the Governing Council abrogates the initial decision or amends its operative part as a consequence of the notice of review, the ECB will reimburse the costs incurred by the applicant in the context of the review, with the exclusion of any disproportionate costs incurred by the applicant in submitting written or oral evidence and in respect of legal representation, which will be borne by the applicant. In any case, the reimbursement by the ECB of costs incurred by the applicant shall not exceed EUR 50 000 for each individual review by the Administrative Board.
In cases in which the Governing Council replaces the initial decision with a decision of identical content or amends only the non-operative part of the initial decision as a consequence of the notice of review, and in cases in which the Administrative Board declares a request for review inadmissible, the applicant will contribute to the costs incurred by ECB in the context of the review. Natural persons must pay a lump sum of EUR 500. Legal persons must pay a lump sum of EUR 5 000 . The payment of this lump sum remains without prejudice to the application of Article 13 of this Decision.
In cases in which the applicant withdraws a notice of review pursuant to Article 7(6) of this Decision, as well as in cases where this is justified in view of the specific circumstances, the applicant and the ECB will bear their own costs, if any.
( 1 ) OJ C 89, 8.3.2019, p. 2.
( 2 ) OJ L 80, 18.3.2004, p. 33.