Publication: Magyar Közlöny
Issue: MK-2007-168 (Year: 2007, Number: 168)
Era: 2004-2010
Section: 
Paragraph Index: 585

(2) The department whose decision is impugned shall order the reimbursement if it revises its decision and considers reimbursement equitable by reason of a substantial procedural violation. In all other cases, matters of reimbursement shall be decided by the Board of Appeal. 2007/168. szám Chapter II PETITIONS FOR REVIEW BY THE ENLARGED BOARD OF APPEAL Rule 104 Further fundamental procedural defects A fundamental procedural defect under Article 112a, paragraph 2(d), may have occurred where the Board of Appeal, (a) contrary to Article 116, failed to arrange for the holding of oral proceedings requested by the petitioner, or (b) decided on the appeal without deciding on a request relevant to that decision. Rule 105 Criminal acts A petition for review may be based on Article 112a, paragraph 2(e), if a competent court or authority has finally established that the criminal act occurred; a conviction is not necessary. Rule 106 Obligation to raise objections A petition under Article 112a, paragraph 2(a) to (d), is only admissible where an objection in respect of the procedural defect was raised during the appeal proceedings and dismissed by the Board of Appeal, except where such objection could not be raised during the appeal proceedings. Rule 107 Contents of the petition for review

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