Board of Appeal
Role
The ACER Regulation grants ACER the authority to make individual decisions and establishes a Board of Appeal to handle appeals against specific decisions, outlined in Article 2(d). These include decisions related to:
- requests for information;
- approval of methodologies;
- terms and conditions;
- infrastructure; and
- some aspects of wholesale market integrity and transparency.
Any natural or legal person may appeal an ACER decision that is addressed to them or is of direct and individual concern to them.
The Board of Appeal operates as an independent body to address complaints lodged against ACER decisions. It examines whether the appeal is valid and can either confirm ACER’s decision or remit the case back to the competent ACER body for further action.
Decisions taken by the Board of Appeal may as well be appealed before the Court of Justice of the European Union.
Board of Appeal
Composition and Independence
The Board of Appeal is part of ACER but at the same time independent from its administrative and regulatory structure. It is essential that members and alternates act independently and in the public interest.
The Board of Appeal is composed by six members and six alternates for a mandate of 5 years (renewable once).
Members and alternates are selected among current or former senior staff of the national regulatory authorities (NRAs), competition authorities or other national or EU institutions with relevant experience in the energy sector.
The Board designates its Chair and Vice-Chair from among its members. The Chair is responsible for presiding and allocating appeal proceedings, while the Vice-Chair steps in for the Chair in case of unavailability.
Board of Appeal
Registry of the Board of Appeal
To ensure the Board of Appeal operates smoothly and efficiently, a Registry has been established. The Registry supports the Board by managing the appeal process, handling correspondence and maintaining case files.
For more information on the Registry’s responsibilities, please refer to the Instructions to the Registrar.
For questions on the appeal procedure, you can contact the Registry via email at:
European Union Agency for the Cooperation of Energy Regulators
Trg republike 3
1000 Ljubljana
Slovenia
