Commission Regulation (EC) No 2245/2002Dangos y teitl llawn

CHAPTER VI U.K. APPEALS

Article 34 U.K. Content of the notice of appeal

1. The notice of appeal shall contain:

(a) the name and address of the appellant in accordance with Article 1(1)(b);

(b) where the appellant has appointed a representative, the name and the business address of the representative in accordance with Article 1(1)(e);

(c) a statement identifying the decision which is contested and the extent to which amendment or cancellation of the decision is requested.

2. The notice of appeal shall be filed in the language of the proceedings in which the decision subject to the appeal was taken.

Article 35 U.K. Rejection of the appeal as inadmissible

1. If the appeal does not comply with Articles 55, 56 and 57 of Regulation (EC) No 6/2002 and Article 34(1)(c) and (2) of this Regulation, the Board of Appeal shall reject it as inadmissible, unless each deficiency has been remedied before the relevant time limit laid down in Article 57 of Regulation (EC) No 6/2002 has expired.

2. If the Board of Appeal finds that the appeal does not comply with other provisions of Regulation (EC) No 6/2002 or other provisions of this Regulation, in particular with Article 34(1)(a) and (b), it shall inform the appellant accordingly and shall request him/her to remedy the deficiencies noted within such time limit as it may specify. If the deficiencies are not remedied in good time, the Board of Appeal shall reject the appeal as inadmissible.

3. If the fee for appeal has been paid after expiry of the time limits for the filing of an appeal pursuant to Article 57 of Regulation (EC) No 6/2002, the appeal shall be deemed not to have been filed and the appeal fee shall be refunded to the appellant.

Article 36 U.K. Examination of appeals

1. Save as otherwise provided, the provisions relating to proceedings before the department which has made the decision against which the appeal is brought shall be applicable to appeal proceedings mutatis mutandis.

2. The Board of Appeal's decision shall contain:

(a) a statement that it is delivered by the Board;

(b) the date when the decision was taken;

(c) the names of the Chairman and the other members of the Board of Appeal taking part;

(d) the name of the competent employee of the registry;

(e) the names of the parties and of their representatives;

(f) a statement of the issues to be decided;

(g) a summary of the facts;

(h) the reasons;

(i) the order of the Board of Appeal, including, where necessary, a decision on costs.

3. The decision shall be signed by the Chairman and the other members of the Board of Appeal and by the employee of the registry of the Board of Appeal.

Article 37 U.K. Reimbursement of appeal fees

The reimbursement of appeal fees shall be ordered in the event of interlocutory revision or where the Board of Appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural violation. In the event of interlocutory revision, reimbursement shall be ordered by the department whose decision has been impugned, and in other cases by the Board of Appeal.