ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex V,rev.1 Page 16 23.2 Claimants cost 23.2.1 Where the decision of the Board does not uphold his claim, the claimant shall bear its own incurred cost including travel and subsistence expenses. 23.2.2 Where the decision of the Board upholds his claim in all or in part if it has been admitted that there were good grounds for the claim or that the claimant thought that he had good reason to lodge a claim, the costs incurred by the claimant for protest shall be deemed incurred by the Agency in all or in part within the limit of 100 000 Euro for compensation set under Article 57 of the Agency’s Procurement Regulations. Rule 24. APPEAL AGAINST THE DECISION OF THE BOARD 24.1 No appeal shall be possible against the decision of the Procurement Review Board, which shall be final and binding on all parties. 24.2 However, the Board may be asked by the parties to interpret a decision, should difficulties arise as to the meaning or scope of that decision. 24.3 The Board may be asked by a party to review a decision if a fact of decisive importance comes to the knowledge of the Board and of the claimant within a period of twelve months following the pronouncement of such a decision. 24.4 No request for review may be made by a party after the expiry of a period of thirty calendar days following the discovery of the fact mentioned under Rule 24.3 above. 24.5 Any request for interpretation or review shall be submitted to the Chairman or in his absence to the deputy Chairman. If he considers that this request clearly amounts to a claim against a decision of the Board and is not a request for interpretation or review, the Chairman or in his absence the deputy Chairman may, after consulting the members of the Board who would be called upon to deal with the matter and provided none of them objects in writing, deliver a reasoned decision stating the request to be inadmissible. There shall be no claim against this decision. 24.6 Subject to the above provision, the procedure for review shall commence with a decision of the Board formally declaring that a new fact exists, that it is of a character which justifies the review, and that the request for review is admissible for that reason. 24.7 Clerical and arithmetical mistakes in the decision, or any accidental error or omission, may be corrected by the Board, either on its own initiative or on the application of either party.
ESA/REG/001, rev.2 Annex V, rev.1 Page 17 Rule 25. AMENDMENTS TO THE RULES OF PROCEDURE These Rules of Procedure may be amended as required by the Industrial Policy Committee on the unanimous recommendation of the Procurement Review Board after consultation with the Head of the Agency’s Procurement Department.
- Page 169 and 170: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 171 and 172: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 173 and 174: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 175 and 176: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 177 and 178: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 179 and 180: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 181 and 182: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 183 and 184: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 185 and 186: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 187 and 188: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 189 and 190: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 191 and 192: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 193 and 194: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 195 and 196: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 197 and 198: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 199 and 200: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 201: ESA/REG/001, rev. 2 Annex III,rev.1
- Page 204 and 205: ESA/REG/001, rev.2 Annex IV Page 2
- Page 206 and 207: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 208 and 209: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 210 and 211: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 212 and 213: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 214 and 215: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 216 and 217: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 218 and 219: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 222 and 223: ESA/REG/001, rev.2 Annex V,rev.1 Pa
- Page 224 and 225: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 226 and 227: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 228 and 229: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 230 and 231: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 232 and 233: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 234 and 235: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 236 and 237: ESA/REG/001, rev.2 Annex VI,rev.1 P
- Page 238 and 239: ESA/REG/001, rev.2 Annex VI,rev.1 P
<strong>ESA</strong>/REG/001, rev.2<br />
Annex V,rev.1<br />
Page 16<br />
23.2 Claimants cost<br />
23.2.1 Where the decision of the Board does not uphold his claim, the claimant shall<br />
bear its own incurred cost including travel and subsistence expenses.<br />
23.2.2 Where the decision of the Board upholds his claim in all or in part if it has been<br />
admitted that there were good grounds for the claim or that the claimant thought<br />
that he had good reason to lodge a claim, the costs incurred by the claimant for<br />
protest shall be deemed incurred by the Agency in all or in part within the limit<br />
of 100 000 Euro for compensation set under Article 57 of the Agency’s<br />
Procurement Regulations.<br />
Rule 24.<br />
APPEAL AGAINST THE DECISION OF THE BOARD<br />
24.1 No appeal shall be possible against the decision of the Procurement Review<br />
Board, which shall be final and binding on all parties.<br />
24.2 However, the Board may be asked by the parties to interpret a decision, should<br />
difficulties arise as to the meaning or scope of that decision.<br />
24.3 The Board may be asked by a party to review a decision if a fact of decisive<br />
importance comes to the knowledge of the Board and of the claimant within a<br />
period of twelve months following the pronouncement of such a decision.<br />
24.4 No request for review may be made by a party after the expiry of a period of<br />
thirty calendar days following the discovery of the fact mentioned under Rule<br />
24.3 above.<br />
24.5 Any request for interpretation or review shall be submitted to the Chairman or in<br />
his absence to the deputy Chairman. If he considers that this request clearly<br />
amounts to a claim against a decision of the Board and is not a request for<br />
interpretation or review, the Chairman or in his absence the deputy Chairman<br />
may, after consulting the members of the Board who would be called upon to<br />
deal with the matter and provided none of them objects in writing, deliver a<br />
reasoned decision stating the request to be inadmissible. There shall be no claim<br />
against this decision.<br />
24.6 Subject to the above provision, the procedure for review shall commence with a<br />
decision of the Board formally declaring that a new fact exists, that it is of a<br />
character which justifies the review, and that the request for review is admissible<br />
for that reason.<br />
24.7 Clerical and arithmetical mistakes in the decision, or any accidental error or<br />
omission, may be corrected by the Board, either on its own initiative or on the<br />
application of either party.
Change language