5. Non-appealability of decisions of the Disciplinary Board of Appeal

In D 5/82 (OJ 1983, 175) the DBA already noted that it has no power to refer questions to the Enlarged Board of Appeal. See also e.g. D 6/82 (OJ 1983, 337), D 3/20 and D 19/19.

In D 7/05 of 2 January 2007 date: 2007-01-02 and D 2/06 of 31 August 2006 date: 2006-08-31, the DBA had to consider requests seeking a review of its final decisions. The board stated that decisions of the boards of appeal and the DBA became final when issued, and were no longer subject to appeal, nor could they be set aside by the board itself. It refused the requests as inadmissible, with reference to the principles set out by the Enlarged Board of Appeal in G 1/97 (OJ 2000, 322), according to which the decision on inadmissibility is to be issued by the board of appeal which took the decision forming the subject of the request for revision. The decision on the request could be issued immediately and without further procedural formalities.