M.S.S. v. BELGIUM AND GREECE JUDGMENT 29 151. In substance, the same reasoning is behind the judgments of the Aliens Appeals Board when it examines appeals to set aside a decision. Thus, after having declared the appeal inadmissible as far as the order to leave the country was concerned, because the applicant had already been removed, the Board, in the above-mentioned judgment no. 28.233 of 29 May 2009, went on to analyse the applicant’s complaints under the Convention – particularly Article 3 – and rejected the appeal because the applicant had failed to demonstrate any concrete link between the general situation in Greece and his individual situation. C. The Conseil d’Etat 152. The provisions concerning referrals to the Conseil d’Etat and the latter’s powers are found in the laws on the Conseil d’Etat consolidated on 12 January 1973. 153. A lawyer may lodge an administrative appeal with the Conseil d’Etat within thirty days of notification of the judgment of the Aliens Appeals Board. 154. If the appeal is to be examined by the Conseil d’Etat, it must be declared admissible. It will be declared admissible if it is not manifestly inadmissible or devoid of purpose; if it is claimed that there has been a breach of the law or a failure to comply with essential procedural requirements or with statutory formalities required on pain of nullity, as long as that claim is not manifestly ill-founded and the alleged error may have influenced the decision and is sufficient to justify setting it aside; or if its examination is necessary to guarantee the consistency of the case-law. 155. This procedure does not have suspensive effect. The Conseil d’Etat gives judgment on the admissibility of the application in principle within eight days. 156. Where the application is declared admissible, the Conseil d’Etat gives a ruling within six months and may overturn decisions of the Aliens Appeals Board for breach of the law or for failure to comply with essential procedural requirements or with statutory formalities required on pain of nullity. 157. The judgments referred to in the case file show that the Conseil d’Etat does not question the approach of the Aliens Appeals Board explained above and considers that no issues are raised under Article 13 of the Convention (see, for example, judgment no. 5115 of 15 December 2009). D. The courts and tribunals 158. Decisions taken by the Aliens Office concerning detention (orders to detain applicants in a given place and orders to re-detain them) may be

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