Stages in the proceedings
The appeal is lodged by the person teacher, parent of a pupil or pupil himself or herself if he or she has reached the age of majority or the association who disputes the act adopted by one of the organs of the European Schools. That person is referred to as the applicant .
The European Schools are referred to as the defendant .
After submission of the application, ordinary proceedings before the Complaints Board consist of written proceedings (Articles 14-18 of the Rules of Procedure), followed, in principle, by a hearing (oral proceedings) (Articles 19-22 of the Rules of Procedure).
The proceedings conclude with the taking of a decision.
Detailed diagram of the proceedings
Are there always written proceedings?
No.
The Chairman of the Complaints Board can decide to dismiss the appeal by reasoned order (Article 32 of the Rules of Procedure) when the Complaints Board is manifestly lacking in jurisdiction to hear an appeal or where an appeal is manifestly inadmissible or manifestly unfounded in law.
In that case, the appeal is dismissed without even initiating written proceedings, thus allowing the case file to be closed without the need for adjudication on legal and other costs of the case.
Are there always oral proceedings? Is a hearing a mandatory stage in the proceedings?
No.
There is no hearing, in principle, in the case of appeals lodged in summary proceedings (applications seeking the suspension of enforcement and other interim measures).
In the case of appeals involving normal proceedings, there is no hearing in the event of:
discontinuance or dismissal of proceedings (Article 31 of the Rules of Procedure)
reasoned order (Article 32 of the Rules of Procedure)
special proceedings (as mentioned in Articles 36-40 of the Rules of Procedure).
Finally, the Complaints Board can decide not to hold a public hearing (Article 19 of the Rules of Procedure), for example, in very simple cases and/or on which the Complaints Board has already delivered decisions of principle to which it can refer.
Once proceedings have been initiated, do I have to see them through to the end? Can I discontinue the proceedings?
Discontinuance is possible at any time, by means of written notification sent to the Registry.
An order to remove the case from the Register so as to close the file is then issued (Article 31 of the Rules of Procedure).
If proceedings are discontinued when the opposing party has already applied for an order requiring the other party to pay the legal and other costs of the case, the Complaints Board adjudicates on costs in its order that the case be removed from the Register.
Are there other procedural issues which may occur?
Yes.
Apart from discontinuance of proceedings, it can happen that the object of the appeal is no longer relevant following the reaching of an agreement between the parties or the withdrawal of the disputed act. This is referred to as dismissal of proceedings .
In that case also, an order that the case be removed from the Register is issued, adjudicating where applicable on an application for an order requiring the other party to pay the legal and other costs of the case, so that the file can be closed (Article 31 of the Rules of Procedure).