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Commission Implementing Regulation (EU) 2018/867 SECTION 3 — The decision

Article 31–Article 33 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Voting

Article 31

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Decisions shall be taken by majority vote of a Board of Appeal. The Chairperson shall have a casting vote in case of a tie.

Findings of the Board of Appeal

Article 32

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1.   The reasoned findings of the Board of Appeal shall be in writing. They shall contain at least the following elements: (a) the names of the members of the Board of Appeal taking part in the relevant proceedings; (b) the names of the parties and of their representatives, if applicable; (c) a summary of the relevant facts; (d) a statement of the form of order sought by the parties; (e) a summary of the parties' arguments; (f) the grounds of admissibility; (g) the operative part of the findings and the reasons on which they are based; (h) the date of their delivery. 2.   The findings shall be signed by the members of the Board of Appeal that decided upon those findings and by the Registrar.

Final decision of the Agency on Appeals

Article 33

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1.   Where the Board of Appeal finds the grounds for appeal are founded, the Agency shall issue a final decision addressed to the parties concerned in compliance with the findings of the Board of Appeal within 1 month following the delivery of the findings of the Board of Appeal. 2.   The decision shall contain at least the following elements: (a) the names of the parties and of their representatives, if applicable; (b) the findings of the Board of Appeal; (c) the operative part of the decision and the reasons on which it is based. 3.   In cases where the Board of Appeal has confirmed the decision of the Agency, the Agency shall issue an invoice for the appeal in accordance with the Commission Implementing Regulation (EU) 2018/764  ( 3 ) . 4.   A summary of the findings of the Board of Appeal shall be published on the Agency's website.

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