5.7 Appeals procedure
5.7.4Petition for review
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A revised version of this publication entered into force. |
5.7.012Any party to appeal proceedings adversely affected by the decision of the board of appeal can file a petition for review of the decision by the Enlarged Board of Appeal. Such petitions may be filed on the grounds either that the composition of the board was not correct, or that a fundamental violation of the right to be heard or any other fundamental procedural defect had occurred, or that a criminal act may have had an impact on the decision. The objections must have been brought up during the appeal proceedings.
As a rule, petitions must be filed within two months of notification of the decision of the board of appeal. A petition is not deemed to be filed until the prescribed fee has been paid.
If a petition for review is admissible and allowable, the Enlarged Board sets aside the decision of the board of appeal and orders re-opening of the proceedings before the responsible board of appeal as well as the reimbursement of the fee for petition for review.