4.3.6 Submissions not admitted at first instance – error in the use of discretion – Article 12(6), first sentence, 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 1657/20, the board exercised its own discretion since it could no longer be determined whether the discretion had been correctly exercised in the decision not to admit. Therefore, the proviso in Art. 12(6) RPBA 2020 that a board of appeal should not replace a correct first-instance discretionary decision by exercising its own discretion did not apply. In exercising its discretion, the board used the criteria of Art. 12(4), last sentence, RPBA 2020.