Decision
For each case, one of the Complaints Board s judges is designated as rapporteur.
The parties receive notification of the Complaints Board s final decision as provided for in Articles 26 and 28 of its Rules of Procedure.
Should the matter be urgent, notification of the operative part alone (i.e. the final part of the decision whereby the Complaints gives its ruling: dismissal of the appeal or annulment, etc.) may be sent to the parties in advance, before notification of the decision in its entirety (then including the de facto and de jure grounds on which it is based) is given.
What is the difference between a decision , a reasoned order and an order ?
The Complaints Board delivers a decision when it rules on the main proceedings, after written proceedings, with or without a hearing. The decision is taken collectively (delivered by three judges in principle).
The Complaints Board delivers a reasoned order when it rules on the main proceedings, without written proceedings, on the basis of Article 32 of the Rules of Procedure. It is in principle taken by the Chairman or the Rapporteur sitting as a single judge.
The Chairman of the Complaints Board makes an order
when he or she settles a procedural question (for example, to set or extend the time periods for the written proceedings or to set the date and place of the hearing)
when he rules on an application submitted in summary proceedings (suspension of enforcement or other interim measures) or
when he orders that a case be removed from the Register (discontinuance or dismissal of proceedings).
Do decisions have binding effect (in other words, are they enforceable)? Are they therefore binding on the parties?
All the decisions and orders of the Complaints Board are binding on the parties (Article 27.6 of the Convention defining the Statute of the European Schools). Should the latter fail to implement them, they are rendered enforceable by the relevant authorities of the Member States in accordance with their respective national laws (exequatur procedure).
Nevertheless, an order made by the Chairman alone or the rapporteur designated by him or her in the context of summary proceedings is always temporary in nature, without prejudice to the hearing of the case in the main proceedings: the reason for this is that the trial judge(s) may take a different position from that adopted in the summary proceedings.
Are decisions definitive? Can I appeal against a decision delivered by the Complaints Board?
The Complaints Board has sole jurisdiction in the first and final instance: its decisions are therefore definitive and it is not possible to lodge either an ordinary appeal against them or a further appeal to a higher court.
The only applications which may be allowed after a decision delivered by the Complaints Board are those which are the subject of special proceedings, seeking its interpretation (Articles 36 and 37 of the Rules of Procedure), rectification of material errors and mistakes (Article 38 of the Rules of Procedure) or its revision (Articles 39 and 40 of the Rules of Procedure). A referral procedure is also possible in the conditions laid down in Articles 40a and 40b of the Rules of Procedure. All these applications are submitted to the Complaints Board itself (not to a different court or tribunal) and are, in principle, considered without a hearing.
The order made in summary proceedings by the Chairman alone or the rapporteur designated by him or her is always temporary in nature, without prejudice to the hearing of the appeal in the main proceedings: it is therefore not likely to be challenged by these special proceedings.