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The European Public Limited-Liability Company Regulations (Northern Ireland) 2004

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Review of decisions of a competent authority (Articles 8(14) and 19)

72.—(1) Where any competent authority or competent authorities oppose –

(a)the transfer of the registered office of an SE under Article 8(14); or

(b)the taking part by a company of the type specified in relation to the United Kingdom in Annex I to the EC Regulation in the formation of an SE by merger under Article 19 whether or not its registered office is to be in Northern Ireland,

the provisions of paragraphs (2) to (4) shall apply.

(2) An SE, the transfer of whose registered office is opposed by a competent authority or competent authorities under Article 8(14) or a company whose taking part in the formation of an SE by merger, whether or not its registered office is to be in Northern Ireland, is opposed by a competent authority or competent authorities under Article 19, may appeal to the High Court on the grounds that the opposition –

(a)is unlawful; or

(b)is irrational or unreasonable; or

(c)has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.

(3) An appeal may only be brought under this regulation with the permission of the High Court.

(4) The High Court may –

(a)dismiss the appeal; or

(b)quash the opposition, and where the High Court quashes an opposition it may refer the matter to the opposing competent authority or competent authorities with a direction to reconsider it and to make a determination in accordance with the findings of the High Court.

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