complaint to the Commission

The Commission shall not deal with any petition submitted under Article 25 which:

An appeal to the disciplinary tribunal shall be allowed against a ruling by the disciplinary commission.

The Commission may decide to restore a petition to its list of cases if it considers that the circumstances justify such a course.

"Only the High Contracting Parties, the Commission, and persons, non-governmental organisations or groups of individuals having submitted a petition under Article 25 shall have the right to bring a case before the Court."

After it has accepted a petition submitted under Article 25, the Commission may nevertheless decide by a majority of two-thirds of its members to reject the petition if, in the course of its examination, it finds that the existence of one of the grounds for non-acceptance provided for in Article 27 has been established.

The Commission shall consider inadmissible any petition submitted under Article 25 which it considers incompatible with the provisions of the present Convention, manifestly ill-founded, or an abuse of the right of petition.

The provisions of the first subparagraph shall not apply to a member of temporary staff or former member of temporary staff giving evidence before the Appeal Board or before the Disciplinary Board on a matter concerning a member of temporary staff or former member of temporary staff.

Any State which has made a declaration in accordance with paragraph 1 of this Article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Commission to receive petitions from individuals, non-governmental organisations or groups of individuals in accordance with Article 25 of the present Convention.

Such opinions shall not deal with any question relating to the content or scope of the rights or freedoms defined in Section 1 of the Convention and in the protocols thereto, or with any other question which the Commission, the Court or the Committee of Ministers might have to consider in consequence of any such proceedings as could be instituted in accordance with the Convention.

The Commission may receive petitions addressed to the Secretary General of the Council of Europe from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in this Convention, provided that the High Contracting Party against which the complaint has been lodged has declared that it recognises the competence of the Commission to receive such petitions.

Procedures on complaint or on the Commission's own initiative

Result of procedures on complaint or on the Commission's own initiative

A conclusion shall be made with this regard which can be disputed within three days with the National Review Commission.

It is important to define clear and efficient procedures for handling complaints lodged with the Commission.

Three paper copies as well as, if possible, an electronic copy of the complaint shall be submitted to the Commission.

Acting on receipt of a complaint or on its own initiative, the Commission shall initiate procedures to terminate any infringement of the provisions of Article 2 or of Article 8 or to enforce Article 4 (2).

Complainants should be granted the opportunity of expressing their views if the Commission considers that there are insufficient grounds for acting on the complaint.

On the basis of the information contained in the complaint and the replies to the Commission's questionnaire, the following six schemes, which allegedly involve the granting of export subsidies, were investigated:

State in particular how the conduct complained of affects you and explain how, in your view, intervention by the Commission would be liable to remedy the alleged grievance.

Each candidate or representative of a list of candidates shall have the right to lodge an appeal with the National Assembly against the decision of an electoral commission which could affect the confirmation of a deputy's term of office.

Nevertheless, a complainant who has been informed of the intention to reject his complaint may request access to the documents on which the Commission based its position.

Where the Commission has informed the complainant of its intention to reject a complaint pursuant to Article 7(1) the complainant may request access to the documents on which the Commission bases its provisional assessment.

If the Commission, whether acting on a complaint received or on its own initiative, concludes that an agreement, decision or concerted practice satisfies the provisions both of Article 2 and of Article 5, it shall issue a decision applying Article 5.

Pursuant to the Article 5(1) of the basic Regulation, a complaint shall be deemed to have been lodged on the first working day following its delivery to the Commission by registered mail or the issuing of an acknowledgement of receipt by the Commission.

The funding by Member States of public service broadcasters has been the subject of a number of complaints to the Commission by private commercial broadcasters, notably about the presence of public service broadcasters on the advertising market(26).

The measures provided for in this Regulation are in accordance with the opinion of the Committee on fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade mark and designs),

The Commission shall have power to adopt implementing provisions concerning the form, content and other details of complaints pursuant to Article 10, applications pursuant to Article 12, notifications pursuant to Article 14 (1) and the hearings provided for in Article 26 (1) and (2).

Consultations with the GOI were subsequently held with the Commission at its offices in Brussels, where no conclusive evidence was provided by the GOI which could refute the allegations made in the complaint.

Where the Commission considers that on the basis of the information in its possession there are insufficient grounds for acting on a complaint, it shall inform the complainant of its reasons and set a time-limit within which the complainant may make known its views in writing.

An appeal against a decision of the electoral commission by which a list of candidates is rejected, against a decision of the electoral commission referred to in the second paragraph of Article 103 hereof and against a decision of the republic electoral commission referred to in the preceding Article may be lodged at the court, competent to deal with contentious administrative matters, within 48 hours of announcement of the decision.

If the Commission, acting on a complaint received, concludes that on the evidence before it there are no grounds for intervention under Article 2, Article 4 (2) or Article 8 in respect of any agreement, decision or practice, it shall issue a decision rejecting the complaint as unfounded.

Complainants may not, however, have access to any confidential information or other business secrets belonging to the firms complained of, or to third-party firms, which the Commission has obtained in the course of its investigations (Articles 11 and 14 of Regulation No 17).

Where the Commission issues a statement of objections relating to a matter in respect of which it has received a complaint, it shall provide the complainant with a copy of the non-confidential version of the statement of objections and set a time-limit within which the complainant may make known its views in writing.

whereas this exposes such agreements to the risk of being declared void with retroactive effect should they be examined following a complaint or on the Commissions's own initiative, but does not prevent their being retroactively declared lawful in the event of such subsequent examination;

The coordinator shall submit on request to the Member States concerned and to the Commission an annual activity report, concerning, in particular, the application of Articles 8a and 14, as well as any complaints regarding the application of Articles 8 and 10 submitted to the coordination committee and the steps taken to resolve them.

At the request of the Court of Justice and after consulting the Commission and the European Parliament, the Council may, acting unanimously, attach to the Court of Justice a court with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only and in accordance with the conditions laid down by the Statute, certain classes of action or proceeding brought by natural or legal persons.

In view of the large number of Community producers supporting the complaint, and in accordance with Article 27 of the basic Regulation, the Commission announced in the notice of initiation its intention to select a sample of Community producers, based on the largest representative volume of production and sales of the Community industry, which could be reasonably investigated within the time available.

In view of the large number of Community producers supporting the complaint, and in conformity with Article 17 of the basic Regulation, the Commission announced in the notice of initiation of the proceeding its intention to select a sample of Community producers based on the largest representative volume of production and sales of the Community industry which could be reasonably investigated within the time available.

The Commission has taken action in respect of the Belgian Régie des télégraphes et téléphones after receiving a complaint concerning an alleged abuse of dominant position from a private supplier of value-added telecommunications services relating to the conditions under which telecommunications circuits were being leased.

The Commission examined the information available that would allow to calculate the margin of dumping, i.e. the complaint, the questionnaire replies by the sampled exporting producers and three other exporting producers that had requested individual examination in line with Article 17(3) of the basic Regulation, information submitted by several interested parties and official import statistics from Eurostat.

An investigation under this Regulation shall be initiated upon the lodging of a written complaint on behalf of the Community industry by any natural or legal person or any association, or on the Commission's own initiative, if there is sufficient evidence of the existence of countervailable subsidies (including, if possible, of their amount) or unfair pricing practices within the meaning of this Regulation, injury and a causal link between the allegedly subsidised or unfairly priced air services and the alleged injury.

Access to the file, which is one of the procedural safeguards designed to ensure effective exercise of the right to be heard (3) provided for in Article 19 (1) and (2) of Council Regulation No 17 (4) and Article 2 of Commission Regulation No 99/63/EEC (5), as well as in the corresponding provisions of the Regulations governing the application of Articles 85 and 86 in the field of transport, must be arranged in all cases involving decisions on infringements, decisions rejecting complaints, decisions imposing interim measures and decisions adopted on the basis of Article 15 (6) of Regulation No 17.

Following a successful appeal of an operator to an independent body under Dutch jurisdiction against the decision of the Dutch authorities not to approve that operator in accordance with Articles 8 and 9 of Commission Regulation (EC) No 780/2003 of 7 May 2003 opening and providing for the administration of a tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 0206 29 91 (1 July 2003 to 30 June 2004)(2) and, consequently, to reject his application for an import licence lodged during the first period (1 to 4 July 2003) in accordance with the first indent of Article 12(2) of that Regulation, the Dutch authorities were bound to approve this operator retrospectively and to issue an import licence in respect of 33,34071 tonnes of frozen meat of bovine animals for that period.

Any appeal in these areas shall be made against the Commission as such.

(f) The Appeals Board shall establish its own rules subject to the provisions of this Annex.

It shall also be possible for complaints about use of derogations referred to in paragraph 3 to be made direct to the Commission.

They claimed that the fact that the captive production of PET film was left out in the complaint means that the Commission could not estimate the total production of PET film in the Community on the basis of the complaint.

Acting on receipt of a complaint or on its own initiative, the Commission shall initiate procedures to terminate any infringement of the provisions of Articles 85 (1) or 86 of the Treaty.

(c) No meeting of the Appeals Board is in order unless the Chairman, or his deputy, and two members, or their deputies, are present.