Filing and notification of an Appeal

1. An appeal shall be filed with the Board of Appeal through the Registrar in the electronic format provided for appeals within 2 months of the dates referred to in Article 59(2) of Regulation (EU) 2016/796.

2. The Appeal shall contain, as applicable:

the name and address of the appellant;

where the appellant has appointed a representative, the name and address of the representative of the appellant;

an address for receiving mail in electronic format;

where the appellant is a legal person, it shall provide the Registrar with the instrument or instruments constituting and regulating that legal person or a recent extract from the register of companies, firms or associations or any other proof of its existence in law;

the reference to the decision which is being contested and the remedy sought by the appellant;

the arguments relied on;

where appropriate, the nature of any evidence in support and a statement explaining the facts for which the evidence is offered in support;

where appropriate, an application for confidential treatment of documents or parts thereof;

where the appellant is not the person to which the contested decision has been addressed, the reasons for being directly or indirectly concerned by the decision and evidence as to the date her/he first got knowledge of the decision.

3. If the appeal does not contain the information listed in paragraph 2, the Registrar shall prescribe a period of not more than 10 working days within which the appellant has to deliver. The Registrar shall fix such period only once. During that period, time shall not run for the purposes of calculating the time-limit set out in Articles 58 and 62 of Regulation (EU) 2016/796.

4. The Registrar shall notify the appeal to the Board of Appeal, the Agency and any other identifiable party involved within 1 working day from filling of the appeal.

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 ANNEX