4.3.4 Discretion under Article 12(4) RPBA 2020
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). |
In T 3272/19 of 11 February 2021 date: 2021-02-11 D9a and D13 had already been filed during the opposition proceedings, in reply to the preliminary opinion of the opposition division, but had not been decided upon in the contested decision. They were filed again by the respondent (proprietor) with its response to the statement of grounds of appeal. The appellant (opponent) explicitly indicated that they had no objection to the admittance of these documents into the proceedings. The board further took into account that D9a was relied upon by both parties, in particular during the oral proceedings. The board found it appropriate to exercise its discretion pursuant to Art. 12(4) RPBA 2020 by admitting D9a and D13 into the proceedings.