ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/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.
<strong>ESA</strong>/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.
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ARTICLE 1: - emits - ESA

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