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Article 7 - Notice of review

Article 7
Notice of review

1.Any natural or legal person to whom a decision of the ECB under Regulation (EU) No 1024/2013 is addressed, or to whom such decision is of direct and individual concern, who wishes to request an internal administrative review (hereinafter the ‘applicant’) shall do so by filing a written notice of review with the Secretary, identifying the contested decision. The notice of review shall be submitted in one of the official languages of the Union.

2.The Secretary shall confirm receipt of the notice of review to the applicant without delay.

3.The notice of review shall be filed within one month of the notification of the decision to the applicant or, in the absence of such notification, of the day on which it came to the applicant's knowledge.

4.The notice of review shall: (a) state the grounds on which it is based; (b) if an application is made for the review to have suspensory effect, state the grounds of such application; and (c) have attached to it copies of any documents on which the applicant intends to rely. The notice of review should have attached to it the contested decision and, if the notice of review exceeds 10 pages, it should include a summary of the grounds and documents specified in points (a) to (c).

5.The notice of review shall clearly indicate the applicant’s full contact details so that the Secretary may send communications to the applicant or its representative as the case may be. The Secretary shall send a confirmation of receipt to the applicant within three working days stating whether the notice of review is complete. Where the notice of review is incomplete, the Secretary shall set a time limit of a maximum of five working days within which the applicant shall complete the 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.

6.The applicant may at any time withdraw a notice of review by giving notice of withdrawal to the Secretary.

7.Once filed with the Secretary, the notice of review, together with the attached documents, shall be transmitted internally without delay to allow the ECB to be represented in the proceedings.

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