4.4.2 Cause of mistake remains unclear

In T 529/09 the board allowed the request for re-establishment of rights. The board accepted that the representative's firm had a well-functioning and reliable system in place for processing incoming mail and monitoring time limits. The fact that in the case at issue the communication was apparently misplaced (since it did not reach the representative in charge and the time limit set in it was not entered in the computer system of the firm) had to be regarded as an isolated mistake in an otherwise satisfactory system. While the precise circumstances of the mistake could not be elucidated any further, this was not a sufficient reason for denying that all due care required by the circumstances had been observed in the present case.

In a similar situation the board in T 580/06 granted the request for re-establishment even though the cause of the failure ultimately remained unclear.

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