Traduction de «Recevabilité du recours pour excès de pouvoir » (Français → Anglais) :

admissibility of illegality proceedings

to bring a remedy of illegality | to take illegality proceedings

The Mory group company appealed against this rejection decision on grounds of ulta vires before the Paris Administrative Court.

(2) Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise.

15. Stresses that under the terms of Article 4 of Regulation (EU) No 211/2011, in the event of a refusal by the Commission to register an ECI, ‘the Commission shall inform the organisers of the reasons for such refusal and of all possible judicial and extrajudicial remedies available to them’; acknowledges, in this connection, the many complaints from organisers about not having received detailed and exhaustive reasons for the rejection of their ECIs; invites the Commission to explain in detail the reasons for rejecting an ECI if in its view an ECI which has been submitted is ‘manifestly outside the Commission’s powers’, and at the same ...[+++]time to inform the organisers, in writing and in such a manner as to facilitate their work, of the relevant legal considerations – which should be made fully public in the name of transparency – in order that the validity and complete objectivity of those elements can be subjected to legal scrutiny, that the Commission’s power of discretion as judge and party in the assessment of an initiative’s admissibility can be reduced as far as possible, and that the organisers can decide whether to revise their ECI and resubmit it in a modified form;

At all events, any decision not to grant approval could be appealed against on grounds of ultra vires before the administrative courts, which would give judgment in the light of the grounds for such refusal.