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VII.E.4. Language of the proceedings
The same language arrangements apply to appeals as to all other EPO proceedings. Under R. 3(1) EPC any party may use any EPO official language in written proceedings, and under R. 4(1) EPC any party to oral proceedings may use an official language of the EPO other than the language of the proceedings, provided he either gives the EPO at least one month's notice or arranges for interpreting into the language of the proceedings. These provisions remain substantially unchanged from the corresponding R. 1(1) and 2(1) EPC 1973 respectively.
In T 34/90 (OJ 1992, 454) the respondent did neither. His representative argued that because he had lawfully used an alternative official language in oral proceedings before the opposition division, he should be allowed to use the same language in the hearing before the board. Although he did not actually say so, this plainly implied that appeal proceedings were simply a continuation of the first-instance (i.e. opposition) proceedings. From the principle that appeal proceedings were wholly separate and independent from first-instance proceedings for the purpose of deciding the admissibility of using an alternative official language under R. 2(1) EPC 1973 - and for other procedural purposes - the board inferred that a party could use such a language in oral proceedings before it only if he again gave the requisite notice (see also communication of the Vice-President DG 3, OJ 1995, 489).
In T 706/91 the appeal had been drawn up in accordance with R. 1(1) EPC 1973 in one of the official languages, namely German. The appellant had therefore cited passages from the disputed European patent's claims and description in that language, even though they had been drawn up in French as the language of the proceedings. The board decided that these references were admissible (see also chapter VI.K.1, language privilege).