5.4. Isolated mistake within a satisfactory system for monitoring time limits or for processing mail
5.4.1 "Isolated mistake" by representative
The case law on "an isolated mistake in an otherwise satisfactory system" cannot be relied on to ignore a failure to act by the professional representative himself, unless there are special circumstances (T 1095/06).
In T 592/11 the board held that an isolated mistake by a professional representative in performing his check on the time limit once he has received the file to deal with was – as a rule at least – inexcusable (see also R 18/13 with reference to the travaux préparatoires).
In T 198/16 the representative did not notice that payment of the appeal fee had not been made. Different from an isolated mistake that an assistant may make, the board found that such a mistake was not excusable in a representative.
See also chapter III.E.5.5.4 e) "Ultimate responsibility of the representative".