If the appeal is not allowed within three months after receipt of the statement of grounds, it must be remitted to the competent board of appeal without delay, and without comment as to its merit. This means that the department of first instance does not address any comments of substance to the board. Internal notes made by division members about the merits of the appeal are kept in the non-public part of the dossier and are not sent to the board of appeal.[Art. 109(2); ]
The receipt of the statement of grounds of appeal is a prerequisite for the examining division when deciding whether the appeal is well-founded. Such statements can be filed at any time within four months from the notification of the decision (Art. 108). Therefore, the examining division will wait until all the grounds are received before deciding whether to allow interlocutory revision or to remit the appeal to the board to ensure that the full content of the statement of grounds has been received.
Date retrieved: 30 December 2018