9. Remittal to the department of first instance
9.10. Remittal to a differently composed department of first instance
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 2475/17 the board dealt with the issue of a board's power to order a different composition of a department of first instance when remitting a case to it.
Whether a case can be remitted to a differently composed department of first instance when the original first-instance decision is found to be vitiated by a substantial procedural violation is dealt with in detail, in the context of suspected partiality of members of the departments of first instance, in chapter III.J.4.2 "Remittal and rehearing of a case".