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Article 11 - Admissibility of the request for review

Article 11
Admissibility of the request for review

1.Before examining the procedural and substantive conformity of an ECB decision with Regulation (EU) No 1024/2013, the Administrative Board shall determine the admissibility of the request for review.

2.If the Administrative Board deems the request for review manifestly inadmissible, it may declare the request for review inadmissible within 10 working days from the receipt of the complete notice of review. The Administrative Board shall state the reasons on which that assessment is based.

3.Where the Administrative Board declares that the request for review is inadmissible in accordance with paragraph 2, the Secretary shall notify the applicant immediately. 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 request for review is declared inadmissible in accordance with paragraph 2, an opinion on the review shall not be adopted.

4.Where paragraph 2 does not apply, the Administrative Board shall rule on the admissibility of the request for review in the opinion on the review it adopts pursuant to Article 16. In this case, the Secretary shall notify the applicant within 10 working days from the receipt of the complete notice of review that the Administrative Board shall rule on the admissibility of the request for review in the opinion on the review.

5.A notice of review filed in respect of a new decision of the Governing Council as referred to in Article 24(7) of Regulation (EU) No 1024/2013 shall not be admissible.

Official text · consolidated version 17/05/2023 (in force) Open full page ↗
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