The Board of Appeal is responsible for appeals lodged against certain decisions of the Agency taken under its Regulation (EU) 2016/796 and the Safety and Interoperability Directives. In addition, the Board of Appeal deals with arbitration cases between the Agency and the national safety authorities.
The Board of Appeal is part of the administrative structure of the Agency, however, it issues its findings independently.
The Agency decisions against which an appeal may be introduced before the Board of Appeal are the following:
After a decision is being taken by the Agency, the applicant may request for a review of the decision. If not satisfied, the applicant may still bring an appeal before the Board of Appeal.
In addition, the Board of Appeal could take arbitration decisions in the following cases:
Decisions taken on the basis of the findings of the Board of Appeal can be appealed before the General Court of the European Union. The summary of findings of the Board of Appeal are published online.
Any natural or legal person may appeal against a decision addressed to that person. Any natural or legal person may also appeal against a decision that is of direct and individual concern to them, even though the decision is addressed to another person.
Appeals have to be lodged within two months of the notification of the decision to the person concerned or failure to act. If the appellant is not the addressee of the decision, the appeal has to be lodged within two months of the day on which the decision became known to the appellant.
Any appeal should be submitted directly to the Registrar of the Board of Appeal.
For the convenience of the appellants an aid is provided when submitting an appeal. You can find the Appeal Form here.
The use of this appeal sample template is not compulsory. It is given indicatively to help when drafting an appeal.
If appellants do not wish to use it, they are strongly encouraged to include all appropriate information in their own appeal document.
You are also invited to read carefully the Guidelines to parties to Appeal Proceedings Before the Board of Appeal of the European Union Agency for Railways issued by the BoA. You can find them here.
Appeals and Arbitration requests are to be send by email
An appeal fee would have to be paid if the findings of the Board of Appeal do not find the appeal admissible or well-founded and do not confirm the Agency’s decision.
The Board of Appeal consists of a Chairman and from two to five members.
The members of the Board of Appeal are appointed by the Management Board of the Agency, from a list of qualified experts drawn up by the Commission following an open and transparent selection procedure. They are appointed for 4 years.
|Marcel Verslype||Chair and member|
The workings of the Board of Appeal are managed in line with the 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.