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Early dismissal
Member States shall ensure that courts and tribunals may dismiss, after appropriate examination, claims against public participation as manifestly unfounded, at the earliest possible stage in the proceedings, in accordance with national law.
Burden of proof and substantiation of claims
1. The burden of proving that the claim is well founded rests on the claimant who brings the action. 2. Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to substantiate the claim in order to enable the court to assess whether it is not manifestly unfounded.
Appeal
Member States shall ensure that a decision granting early dismissal pursuant to Article 11 is subject to an appeal.
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