Cap. 199 чл. 13New trial.

(1) Any party to proceedings held under the provisions of this Act may, by application, ask the Board for, and the Board shall grant, a new trial if -

(a) the applicant proves to the satisfaction of the Board that its decision in the proceedings has been determined by a misrepresentation of facts or a false statement made by the other party to the proceedings; or

(b) the applicant proves to the satisfaction of the Board that the lessor, having resumed possession of the agricultural land or part thereof by virtue of a decision of the Board based on paragraph of article 4(2)(a) or (b), has failed to apply it to the purpose which had determined the Board’s decision.

(2) If the Board reverses the decision which has formed the object of a new trial, the party in whose favour such decision has been reversed shall have an action before the Civil Court, First Hall, for the recovery of damages from the other party and for the payment by such other party of a penalty to be fixed by the court in a sum not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69): Provided that where the lessor, by disposing of the agricultural land or otherwise, has placed himself in a position which makes him unable to conform with the Board’s decision in the new trial, the said penalty shall not be less than four hundred and sixty-five euro and eighty-seven cents (465.87).

(3) The Board shall also grant a new trial in any of the cases referred to in article 811 of the Code of Organization and Civil Procedure, but the provision of the last preceding sub-article shall not apply except in regard to a case falling under the provision of article 811(a).

(4) A new trial may not be demanded in respect of a case in which the decision is subject to appeal in accordance with article 10 and where the facts constituting the ground for such new trial have come to the knowledge of the party alleging them before the expiration of the time prescribed for appeal.