5.5. Persons required to exercise due care; requirements regarding due care
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  8. 5.5. Persons required to exercise due care; requirements regarding due care
  9. 5.5.2 Due care on the part of the professional representative
  10. e) Starting work on a case close to the expiry of the time limit
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5.5.2 Due care on the part of the professional representative

Overview

e) Starting work on a case close to the expiry of the time limit

In J 16/92 the Legal Board made it clear that anyone getting himself into a situation where he could not be sure of being able to complete the omitted act ran the risk of his request for further processing being ruled inadmissible for failure to complete the omitted act in good time. In the case in hand the representative had not started working on the file until four days before expiry of the time limit for further processing and hence had discovered too late that he was unable to find the first communication to which he was to respond. See also J 7/12 (where a payment order was transmitted late in the afternoon of the last day of the grace period for paying a renewal fee plus additional fee).

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