9.4. Remittal following fundamental deficiencies
9.4.1 Article 11 RPBA 2020
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
Art. 11 RPBA 2020 states that the board is not to remit a case to the department whose decision was appealed for further prosecution, unless special reasons present themselves for doing so. As a rule, fundamental deficiencies which are apparent in the proceedings before that department constitute such special reasons (see explanatory remarks on Art. 11 RPBA 2020, Supplementary publication 2, OJ 2020).