b) Reasons for decision deficient 

R. 111(2) EPC gives parties to EPO proceedings a fundamental procedural right to be provided with the reasons for a decision. A breach of R. 111(2) EPC is a fundamental procedural deficiency that can lead to a remittal as a special reason within the meaning of Art. 11 RPBA 2020. The following cases were remitted to the department of first instance:

T 2475/17 (insufficient reasons given for the first-instance decision, which also did not address the version of claim 1 filed by the applicant), T 942/18 (the board considered lack of compliance with R. 111(2) EPC to be a fundamental deficiency, not a minor defect), T 78/17 (all relevant arguments have to be given appropriate consideration in the written decision), T 1928/17 (inadequate reasons) and T 571/19 (reasons for the decision must enable both the parties and the board of appeal to understand whether or not the decision is justified).