CHAPTER III

PROCEDURES AT FIRST INSTANCE
SECTION IV

Procedural rules
Article 42
1
Member States shall ensure that applicants whose application is subject to a preliminary examination pursuant to Article 40 enjoy the guarantees provided for in Article 12(1).
2
Member States may lay down in national law rules on the preliminary examination pursuant to Article 40. Those rules may, inter alia:
a
oblige the applicant concerned to indicate facts and substantiate evidence which justify a new procedure;
b
permit the preliminary examination to be conducted on the sole basis of written submissions without a personal interview, with the exception of the cases referred to in Article 40(6).
Those rules shall not render impossible the access of applicants to a new procedure or result in the effective annulment or severe curtailment of such access.
3
Member States shall ensure that the applicant is informed in an appropriate manner of the outcome of the preliminary examination and, if the application is not to be further examined, of the reasons why and the possibilities for seeking an appeal or review of the decision.