7.3.3 Case law concerning oral proceedings held after the end of pandemic measures at the Boards of Appeal
Overview
7.3.3 Case law concerning oral proceedings held after the end of pandemic measures at the Boards of Appeal
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
Two main lines can be identified in the case law after the end of pandemic measures at the Boards of Appeal. In some decisions, the reasoning of G 1/21 date: 2021-07-16 is considered applicable beyond a general emergency and as imposing certain limits on how the discretion under Art. 15a(1) RPBA 2020 is to be exercised (T 2432/19, T 1171/20, T 1501/20). According to another view, Art. 15a(1) RPBA 2020 was a "follow-up" provision to G 1/21 date: 2021-07-16 and the reasoning of the latter currently had only a "limited applicability" (T 618/21).
Some decisions do not discuss the applicability of G 1/21 date: 2021-07-16 beyond a general emergency and simply either apply criteria foreseen therein (T 489/20) or abstain from referring to them (T 1067/21, T 3277/19).
Further aspects have also been addressed in the case law, e.g. requirements for holding "mixed-mode" oral proceedings (T 1946/21) and the applicability of G 1/21 date: 2021-07-16 to first-instance proceedings and to hearing a witness by videoconference (T 423/22).