The department competent to decide on the omitted act decides upon the application for re-establishment of rights. The grounds for the decision need only be stated if the application is disallowed. This also applies in opposition proceedings, since the opponents are not involved in the procedure for re-establishment of rights.

The department which took the contested decision will have to consider re-establishment of rights in respect of an unobserved time limit for appeal when the conditions for granting interlocutory revision are fulfilled (see XI, 7). It can, however, only decide to allow re-establishment if it can do so within the three-month time limit of Art. 109(2) and the conditions for re-establishment (see VIII, 2.2.1 to VIII, 2.2.5) are fulfilled. In all other cases, the appeal, together with the application for the re-establishment of rights, must be submitted to the competent Board of Appeal.