Resumption of the procedure

(1) The authority must decide, on application of the person concerned, on the setting aside or alteration of an unchallengeable administrative act, where 1. the factual or legal situation underlying the administrative act has subsequently changed in favour of the person concerned; 2. new evidence exists that would have led to a decision more favourable to the person concerned; 3. grounds for reopening exist corresponding to section 580 of the Code of Civil Procedure.
(2) The application is admissible only where the person concerned was, without gross fault, unable to assert the ground for resumption in the earlier procedure, in particular by way of a legal remedy.
(3) The application must be made within three months. The period begins on the day on which the person concerned obtained knowledge of the ground for resumption.
(4) The authority competent under section 3 decides on the application; this applies even where the administrative act whose setting aside or alteration is sought was issued by another authority.
(5) The provisions of section 48(1), first sentence and section 49(1) remain unaffected.