Federal Court: Decisions of the Central Bank are not immune from appeal

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2018/05/15 13:10
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The Supreme Federal Court confirmed on Tuesday that the decisions of the Central Bank are not immune to the appeal, pointing out that this is before the Financial Services Court, noting that the duration of the appeal from the beginning of The decision is in line with the legal principle of "supposed science".
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"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of the judges of the members and considered the case of the director of the sale and purchase of foreign currency has been withdrawn license by the Central Bank," the spokesman of the court Ayas al-Samuk said in a statement received " "The plaintiff challenged Article (69) of the Central Bank Law No. (56) of 2004 regarding the appeal against the decisions of the Central Bank before the Financial Services Court." He pointed out that "the plaintiff pointed out that this article set the period of appeal starting from the decision of the Central Bank to respond to his objection to The decision to withdraw his vacation, and not from the date of notification as it is The Civil Courts Act promised this implicitly to the decisions of the Central Bank of the appeal, claiming that this violates Article 100 of the Constitution, which prohibits the immunization of any administrative action or decision from the appeal. "The Supreme Federal Court found that the legislator directed to make the appeal period In accordance with article (69) of the Central Law came a legislative option and is not contrary to the Constitution and is based on the legal principle of (the flag of the presumed) the relevant parties for the transactions they claim. "He pointed out that" that direction - under the provision - does not include immunity for decisions The Central Bank of the existence of a way to challenge it before the Financial Services Court The Supreme Federal Court in its judgment 147/2017, which requires that a decision was issued against him by the Central Bank to follow him from the commencement of proceedings until the issuance and appeal if he found a violation of the law and accordingly decided to return the case "
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