If an incompetent authority has decided, there is a defect that can be asserted by appeal. Whether an authority is competent to decide at all must be examined by it in each stage of the procedure ex officio. If it considers itself to be incompetent, the applicant must generally be referred to the competent authority or the submission must be forwarded to it. Only in a few cases should the submission be rejected.
This happens when:
- the applicant insists on jurisdiction
- there is no competent authority to which the matter can be forwarded or referred;
- there are doubts about the incompetence of the authority.
It should be noted that in the event of forwarding, the risk lies with the applicant—the risk of missing a deadline lies solely with them. However, the forwarding by the authority must not be unduly delayed without cause.
