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Guidelines for Examination

 
 

5.6 Examination of the admissibility of an intervention and preparations in the event of an intervention

When examining whether an intervention is admissible, the formalities officer and the Opposition Division should proceed as for the examination as to admissibility of an opposition (see D‑IV, 1, 3 and 5.5) but on the basis of the requirements for intervention under Art. 105 and Rule 89.

Paragraphs D‑IV, 5.2 and 5.4, may, however, be disregarded in the case of an application for intervention in opposition proceedings.

Accordingly, particularly in the case of proceedings which are at an advanced stage, the formalities officer will inform third parties who have intervened of the progress of the proceedings and request them to indicate within one month whether they will also require the documents received from the parties in accordance with Rule 79(1)(2) and (3), together with the communications from the Opposition Division and the observations of the parties under Rule 81(2), for the preceding period. If this is the case, the formalities officer should send them with the relevant communications from the Opposition Division or the formalities officer to the intervening third party.

 

References

Rule 79(4)

Rule 86