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COMMISSION IMPLEMENTING REGULATION (EU) 2018/867
of 13 June 2018
laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways
(Text with EEA relevance)
CHAPTER I
ESTABLISHMENT AND ORGANISATION
Article 1
Establishment
Article 2
Members
Article 3
Replacement
Article 4
Role of the Chairperson
Article 5
Role of the Rapporteur
Article 6
Seat of the Board of Appeal
Article 7
The Registrar
Article 8
Appointment and responsibilities of the Registrar
CHAPTER II
APPEAL
Article 9
Filing and notification of an Appeal
Article 10
Confidentiality
Article 11
Inadmissibility of the appeal
Article 12
Conflict of interest
Article 13
Interlocutory revision procedure
Article 14
Statement of Defence
Article 15
Intervention
Article 16
Content of the application to intervene
Article 17
Request for Suspension
Article 18
Stay of Proceedings
CHAPTER III
ARBITRATION
Article 19
Request for Arbitration
Article 20
Request for ERTMS Arbitration
Article 21
Procedure for Arbitration
Article 22
Decision of the Board of Appeal
CHAPTER IV
COMMON PROCEDURAL REQUIREMENTS
SECTION 1
Language
Article 23
Language of the proceedings
Article 24
Translation
SECTION 2
The Procedure
Article 25
Procedural measures
Article 26
Extension of time limits in exceptional circumstances
Article 27
Documents submitted to launch the proceedings or for further evidence
Article 28
Deliberations
Article 29
Witnesses, experts and hearings
Article 30
New arguments or evidence
SECTION 3
The decision
Article 31
Voting
Article 32
Findings of the Board of Appeal
Article 33
Final decision of the Agency on Appeals
SECTION 4
Cost of proceedings
Article 34
Costs of the parties
Article 35
Costs of participation
CHAPTER V
FINAL PROVISIONS
Article 36
Remuneration fees for members of the Board of Appeal
Article 37
Duty of transparency
Article 38
Guidelines and other relevant information
Article 39
Entry into force
ANNEX
REMUNERATION
1.
REMUNERATION ALLOWANCE FOR APPEAL/ARBITRATION PROCEEDINGS (FEES):
|
Amount of remuneration per day dedicated to the proceeding per person |
Maximum remuneration per proceeding per person |
Members and alternates in replacement function |
EUR 600 |
EUR 9 000 |
Chairperson and the rapporteur of the assigned proceedings |
EUR 700 |
EUR 18 000 |
2.
REMUNERATION FOR PARTICIPATION IN MEETINGS OF THE BOARD(S) OF APPEAL NOT RELATED TO APPEAL/ARBITRATION PROCEEDINGS:
|
Amount of remuneration per meeting per person |
Maximum meetings per year per person |
Members and alternates of the Board of Appeal |
EUR 600 |
six meetings |
3.
REMUNERATION FOR PARTICIPATION IN OTHER MEETINGS
COMMISSION IMPLEMENTING REGULATION (EU) 2018/867
of 13 June 2018
laying down the rules of procedure of the Board(s) of Appeal of the European Union Agency for Railways
(Text with EEA relevance)
CHAPTER I
ESTABLISHMENT AND ORGANISATION
Article 1
Establishment
Article 2
Members
Article 3
Replacement
Article 4
Role of the Chairperson
Article 5
Role of the Rapporteur
Article 6
Seat of the Board of Appeal
Article 7
The Registrar
Article 8
Appointment and responsibilities of the Registrar
CHAPTER II
APPEAL
Article 9
Filing and notification of an Appeal
Article 10
Confidentiality
Article 11
Inadmissibility of the appeal
Article 12
Conflict of interest
Article 13
Interlocutory revision procedure
Article 14
Statement of Defence
Article 15
Intervention
Article 16
Content of the application to intervene
Article 17
Request for Suspension
Article 18
Stay of Proceedings
CHAPTER III
ARBITRATION
Article 19
Request for Arbitration
Article 20
Request for ERTMS Arbitration
Article 21
Procedure for Arbitration
Article 22
Decision of the Board of Appeal
CHAPTER IV
COMMON PROCEDURAL REQUIREMENTS
SECTION 1
Language
Article 23
Language of the proceedings
Article 24
Translation
SECTION 2
The Procedure
Article 25
Procedural measures
Article 26
Extension of time limits in exceptional circumstances
Article 27
Documents submitted to launch the proceedings or for further evidence
Article 28
Deliberations
Article 29
Witnesses, experts and hearings
Article 30
New arguments or evidence
SECTION 3
The decision
Article 31
Voting
Article 32
Findings of the Board of Appeal
Article 33
Final decision of the Agency on Appeals
SECTION 4
Cost of proceedings
Article 34
Costs of the parties
Article 35
Costs of participation
CHAPTER V
FINAL PROVISIONS
Article 36
Remuneration fees for members of the Board of Appeal
Article 37
Duty of transparency
Article 38
Guidelines and other relevant information
Article 39
Entry into force
ANNEX
REMUNERATION
1.
REMUNERATION ALLOWANCE FOR APPEAL/ARBITRATION PROCEEDINGS (FEES):
|
Amount of remuneration per day dedicated to the proceeding per person |
Maximum remuneration per proceeding per person |
Members and alternates in replacement function |
EUR 600 |
EUR 9 000 |
Chairperson and the rapporteur of the assigned proceedings |
EUR 700 |
EUR 18 000 |
2.
REMUNERATION FOR PARTICIPATION IN MEETINGS OF THE BOARD(S) OF APPEAL NOT RELATED TO APPEAL/ARBITRATION PROCEEDINGS:
|
Amount of remuneration per meeting per person |
Maximum meetings per year per person |
Members and alternates of the Board of Appeal |
EUR 600 |
six meetings |