Quick Navigation

 

Guidelines for Examination

 
 
2.2.7
Decision on re-establishment of rights 

The department competent to decide on the omitted act decides upon the application request for re-establishment of rights. The grounds for the decision need only be stated if the application request is disallowed,. except in opposition proceedings, as opponents are party to the re-establishment proceedings (see E-VII, 2.2.6). This also applies in opposition proceedings, since the opponents are not involved in the procedure for re-establishment of rights.

The department which took the contested decision will have to consider re-establishment of rights in respect of an unobserved time limit for appeal when the conditions for granting interlocutory revision are fulfilled (see E-X, 7). It can, however, only decide to allow re-establishment if it can do so within the three-month time limit of Art. 109(2) and the conditions for re-establishment (see E-VII, 2.2.1 to 2.2.5) are fulfilled. In all other cases, the appeal, together with the application for the re-establishment of rights, must be submitted to the competent Board of Appeal.

References

Rule 136(4)