SCHEDULE 3Compliance, enforcement and recall notices
Appeals against compliance, enforcement and recall notices7
1
An application for an order to vary or set aside the terms of a compliance, enforcement or recall notice may be made—
a
in the case of a compliance, enforcement or recall notice, by the economic operator on whom the notice has been served; and
b
in the case of a compliance or enforcement notice, by a person having an interest in the product in respect of which that notice has been served.
2
An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.
3
The appropriate court (as determined in accordance with paragraph 8) may only make an order setting aside a compliance, enforcement or recall notice if satisfied—
a
that the EEE is not an infringing EEE;
b
that the alleged breach is not a breach; or
c
that the serving of the notice was not proportionate.
4
On an application to vary the terms of a compliance, enforcement or recall notice, the appropriate court may vary the terms of the notice as it considers appropriate.