Article 21 Review procedure
United Kingdom
The ECB shall assess any request and information provided by a manufacturer related to this Decision and inform the manufacturer in writing of its decision to accept or reject the request or validity of the information received within 50 business days from the receipt of either of the following:
the request for accreditation;
any additional information or clarification from the manufacturer that was requested by the ECB.
A manufacturer may submit a request to the Governing Council to review an ECB decision:
taken pursuant to Article 6(1) and (7) and Article 7;
taken pursuant to Article 14 and pursuant to Articles 16 to 18.
The manufacturer shall submit the request for review within 30 business days of notification of the decision referred to in paragraph 1. The manufacturer shall include its reasons for the request and all supporting information.
The review shall not have suspensive effect. By way of exception, if a manufacturer expressly requests that the review should have suspensive effect and gives reasons for the request, the Governing Council may suspend the application of the decision that is being reviewed.
The Governing Council shall review the decision referred to in paragraph 1 in the light of the manufacturer’s review request. If the Governing Council considers that the decision referred to in paragraph 1 infringes this Decision, it shall either order that the procedure in question is repeated or take a final decision. If the Governing Council considers that the decision referred to in paragraph 1 does not infringe this Decision, the manufacturer’s review request shall be rejected. The manufacturer shall be notified in writing of the outcome of the review within 60 business days of the ECB’s receipt of the review request. The Governing Council’s decision shall state the reasons on which it is based.
The Court of Justice of the European Union shall have exclusive jurisdiction in any dispute between the ECB and a manufacturer relating to this Decision. If a review procedure is available under paragraph 2, the manufacturer shall wait for the Governing Council’s decision on the review before bringing the matter before the Court of Justice. Time limits set out in the Treaty shall begin to run from receipt of the review decision.
By way of derogation from paragraphs 1 to 4, the review procedure for decisions imposing financial penalties pursuant to Article 19 shall be carried out in compliance with Regulation (EC) No 2532/98 and Regulation (EC) No 2157/1999 (ECB/1999/4).
If mutually agreed, the ECB and the manufacturer may resolve any dispute about the application of this Decision via arbitration. All disputes between the ECB and an accredited manufacturer shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with those Rules. The language of arbitration shall be English.