4.2. Competence issues

In T 765/89 it was stressed that the board was still responsible for deciding on the request that costs be awarded against the appellants even if the latter had withdrawn their appeal. Where an opponent (respondent) withdraws his opposition during appeal proceedings, he ceases to be a party to the appeal proceedings as far as the substantive issues are concerned but retains his party status in so far as the question of apportionment of costs is still at issue (T 789/89, OJ 1994, 482).

According to the board in T 1059/98, apportionment of the costs of proceedings before the opposition division could not be requested for the first time on appeal, because the boards of appeal could only review decisions taken by a department of first instance and so had no competence to decide on such requests (see also T 1273/11). As a matter of principle costs are not apportioned in transfer proceedings (J 38/92).