5.3. Comments of the board member concerned

Under Art. 3(2) RPBA 2007 and Art. 4(2) RPEBA the member concerned is to be invited to present his comments as to whether there is a reason for exclusion (as to the scope of Art. 3(2) RPBA 2003 and Art. 4(2) RPEBA, see T 985/01 of 18 March 2005 date: 2005-03-18).

In T 1938/09 of 2 October 2014 date: 2014-10-02 the appellant referred to R 19/12 of 25 April 2014 date: 2014-04-25 and objected to the chairman of the board, arguing he was a potential deputy for VP3 (see in this chapter III.J.6.2.3). The chairman had not provided details, as requested by the appellant, on whether he had deputised for VP3. The board acknowledged that there might be cases where a board would not be in a position to decide on the objection without having received the necessary information from the member objected to. However, in the case at hand the board deemed it irrelevant for the question of impartiality whether the chairman had deputised for VP3 and refused the partiality objection.