T 2432/19 vom 25.04.2023

Right to oral proceedings in form of a videoconference (no)
Amendments - main request and auxiliary requests 1 to 4
Amendments - added subject-matter (yes)
Late-filed auxiliary requests 5 to 8
Late-filed auxiliary requests - procedural economy (no)

1. Although the order of G 1/21 refers to an emergency situation, it follows from the ratio decidendi of this decision that in-person oral proceedings can only be denied under very limited conditions, even in a situation of general emergency such as a pandemic.
2. Due to the fact that videoconferences, at least with current technology, can only provide a suboptimal form of communication, parties have a right to the optimum format for oral proceedings, i.e. in-person oral proceedings, that can only be denied under very limited conditions.
3. Further, e contrario it also follows from the reasons underlying the Enlarged Board's decision, that parties cannot force Boards to conduct videoconferences instead of in-person oral proceedings.