T 2124/21 vom 25.01.2024

Amendment to the appeal case within the meaning of Article 13(2) RPBA - (yes)
Exceptional circumstances justified by cogent reasons - (no)
Amendment taken into account - (no)

On appeal, the sole request subject of the appealed decision was abandoned, and amended requests were filed instead. When later the sole request was submitted in reply to the board's communication, it constituted an "amendment" to the appeal case within the meaning of Article 13(2) RPBA.
The appellant's choice, on appeal, not to seek a review of the appealed decision prevented the board from pursuing the primary object of the appeal proceedings (cf. Article 12(1)(a) and (b) and (2) RPBA). Instead, the late submission of the sole request left its consideration to the board's discretion under Article 13(2) RPBA.