6.1.4 Reasons submitted in a request for postponement

According to Art. 15(2) RPBA 2020 (see also the 2007 Notice) and the 2008 Notice (departments of first instance), a change in the date of oral proceedings can only be requested in case of "serious reasons" justifying the fixing of a new date. Differences in detail exist between Art. 15(2)(b) RPBA 2020 and the 2008 Notice. Art. 15(2)(b) RPBA 2020 and the 2008 Notice give examples of serious reasons that may justify a change of date. The lists are non-exhaustive.

Art. 15(2)(b) RPBA 2020 sets out a list of examples of reasons which have been taken, with slight adaptations from the 2007 Notice. The list of examples include: (i) notification of a summons to oral proceedings in other proceedings before the EPO or a national court received before notification of the summons to oral proceedings before the board; (ii) serious illness; (iii) a death within the family; (iv) marriage or formation of a similar recognised partnership; (v) military service or other obligatory performance of civic duties; (vi) holidays or business trips which have been firmly booked before notification of the summons to oral proceedings. Art. 15(2)(c) RPBA 2020 sets out a non-exhaustive list of examples of reasons which, as a rule, do not justify a change of date: (i) filing of new requests, facts, objections, arguments or evidence; (ii) excessive work pressure; (iii) unavailability of a duly represented party; (iv) unavailability of an accompanying person; (v) appointment of a new professional representative.

According to Art. 15(2) RPBA 2020 and if the party is represented, the serious reasons must relate to the representative, and not the client (see also T 1916/09, T 2125/11, T 231/13).