Rvs-Cde  Council of State
 

Claim contained in a later application

If the claim isn’t lodged but in a later application, its heading has to mention clearly that it concerns a ‘vordering tot schorsing’, a ‘demande de suspension’ or an ‘Aussetzungsantrag’. This application shall include the following data and statements:

  • the name and the address of each applicant;
  • the expressly elected address for service which has to be identical to the one concerning the action for annulment;
  • the challenged decision, the suspension of which is now also claimed;
  • the opposing party;
  • a clear reference to the application for annulment which has been lodged earlier;
  • the reasons why the case has become too urgent to be dealt with only in that action for annulment.

If a legal person’s application is not lodged by a lawyer, the decision of the legal person’s body which is competent to lodge a supplementary application for suspension has to be submitted. The documents that have to be enclosed and the documents which may be submitted additionally in support of the application for suspension have to be numbered and mentioned in a bordereau.

An application for suspension can be lodged in the same way as an application for annulment. However, if the application for annulment was lodged by means of the electronic procedure, a later application for suspension must also be lodged in the same way. If the application is lodged by post, nine certified copies have to be enclosed.

If some of the compulsory mentions, documents or copies are lacking the examination of the case will undoubtedly be delayed. Moreover, the action may have to be declared inadmissible and may not be treated.

Each applicant has to pay a fee of 200 euros. Here the same rules apply as for an application for annulment.

Note containing observations – administrative file

The Registry notifies the application to the opposing party. This party has fifteen days at its disposal to submit a note containing observations. If the administrative file has not been submitted following the action of annulment, it has to be submitted at this stage within that same period of fifteen days.

 
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