18.2.2022
EN
Official Journal of the European Union
L 37/51
Article 11 Assessment and decision-making process 1.
Fair, transparent and impartial treatment shall be ensured at all times, with due respect to confidential information.
All exchanges shall be done in writing and be limited to the clarification of the submissions.
There shall be no hearings. 2.
The legality review decision shall be adopted in accordance with Articles 12 to 16 of the Rules of Procedure of the Commission (1).
All Commission departments with a legitimate interest in the decision shall be consulted through formal interservice consultation in accordance with Article 23 of those Rules of Procedure.
3.
The legality of the contested act shall be assessed on the basis of the arguments of both parties.
4.
The Commission decision may:
(a) reject the request for legality review as inadmissible; (b) reject the request for legality review as unfounded because there are no elements indicating that the contested act was unlawful; (c) reject the request for legality review since the error(s) found did not affect the final outcome of the decision taken by the executive agency; (d) consider the request for legality review well founded. 5.
In the cases referred to in points (a), (b) and (c), the contested act shall be upheld.
In the case referred to in point (d), the contested act shall be annulled. 6.
The Commission decision shall not cover issues concerning the legality of the contested act not raised by the complainant and only identified by the Commission during the legality review procedure. 7.
The Commission decision may include specific instructions to the executive agency on the measures needed for follow-up.
Article 12 Notification and follow-up 1.
The Commission shall inform the complainant and the executive agency about the legality review decision.
2.
If the Commission annuls the contested act, the executive agency shall promptly take the necessary measures to comply with the decision.
The executive agency shall report on the implementation of the decision to the competent service. 3.
The implementation shall be monitored and, if needed, supervised by the competent service in accordance with the decision delegating powers to the agency.
(1) C(2000) 3614 (OJ L 308, 8.12.2000, p. 26).