Übersetzung für "Entscheidung nach aktenlage" in Englisch

The applicant's request "to render a decision on the record" was not to be construed as a waiver of the right to a fully reasoned first-instance decision, even in the light of the suggested procedure in the Guidelines (see T 1309/05, T 583/04).

Since the decision on an asylum application is largely a test of credibility it is unacceptable for the asylum authorities to be able to decide on the basis of the records.

If the applicant does not do so, the examiner will request him to clarify in writing that he withdraws his request for oral proceedings before a decision according to the state of the file can be issued.

In reply to the summons to oral proceedings, which already set out the essential reasons for the later decision, the applicant merely requested a decision according to the file.

A request for a decision according to the state of the file does not imply the withdrawal of a pending request for oral proceedings.

A request for a decision on the state of the file thus cannot be construed as a waiver of the right to a fully reasoned first instance decision, even in the light of the suggested procedure in the Guidelines (T 265/03, T 583/04, T 1182/05, T 1356/05, T 1360/05, T 1309/05 and T 750/06).

In T737/11 the applicant had withdrawn its request for oral proceedings and requested a decision on the state of the file.

Nor was it, in the judgement of the board, reasonably interpretable as a waiver of the right to be heard of the kind associated with a request for a decision on the file as it stands as mentioned in J 29/94.

A special case is where the applicant does not file comments or amendments in reply to the examiner's communication but requests a decision "according to the state of the file" or "on the file as it stands", meaning that the applicant wishes to close the debate and a decision is taken on the basis of the current status of the application and any supporting arguments.

As the decision "on the state of the file" expressly stated that the applicant had filed no submissions after the final communication, which was factually incorrect, the board concluded that, because the examining division had ignored potentially significant arguments presented in a reply following a communication containing a new objection, the applicant had been denied its right to comment on all the grounds for refusing the application.

However, it had consciously waived the right to such assessment and decision by the examining division by requesting a decision on the basis of the file immediately after receiving the summons to oral proceedings.

The case now in hand, by contrast, concerned a decision taken in a written procedure on the basis of the evidence on file.

On 4 April 2005, without further comment, the intervener requested a decision on the basis of the file as it stood.

In the communication or summons the applicant should be informed that his request for a decision according to the state of the file could not be followed.

With letter dated 16 September 2004 the appellant informed the Board that he would not attend the oral proceedings and asked for a decision on basis of the documents on file.

However, it had consciously waived the right to such assessment and decision by the examining division by requesting a decision on the basis of the file immediately after receiving the summons to oral proceedings (see also T 892/11).

If the applicant does not want to reply in substance but wants to pursue the application he may ask for a decision on the file as it stands.

The appellant (opponent) requested a decision on the state of the file which implied a request for the continuation of the appeal proceedings for the purpose of issuing a decision.