Interim Protection before Boards of Appeal

Proceedings of the Final conference of the Jean Monnet Module on EU Specialized Judicial Protection ‘Quo vadis, Boards of Appeal?’ 8th-9th February 2024 | University of Ferrara
‘Contribution to Horizontal studies on EU Agencies’ Boards of Appeal’

La tutela cautelare dinanzi alle commissioni di ricorso delle agenzie dell’Unione europea

La protection provisoire devant les chambres de recours des agences de l’Union européenne

Abstract ENGITA | FRA

This contribution focuses on interim protection before Boards of Appeal (BoA) of EU Agencies. In the light of the ongoing debate among scholars on the possibility of considering BoA as the expression of a process of decentralisation of the EU judicature, the analysis of this protection is to be conducted using the interim relief granted by the Court of Justice of the European Union (CJEU) as a basis of comparison. Thus, firstly, it is appropriate to analyse the main features of interim protection before the Court of Justice (CJ) and the General Court (GC); secondly, it is necessary to examine interim protection before BoA. In that regard, three main categories of interim protection may be distinguished before Boa: where lodging an appeal has suspensory effect; where BoA have the power to suspend the contested act; where another body of the Agency has the power to suspend the contested act. Thirdly, it is useful to focus on interim relief before BoA that have the power to suspend the contested act, which mirror the protection granted by the CJEU. A short conclusion follows a summation of the outcome of the analysis.