T 0210/89 (Re-establishment of rights by appellant opponent) vom 20.10.1989

1. An opponent (appellant) seeking to have his rights re- established under Article 122(1) EPC, cannot rely on the principle of "equality before the law" (applying Art. 125 EPC), where appeal is not in existence for procedural reasons: distinguishing G 1/86, "Re-establishment of rights of opponent/VOEST ALPINE" (OJ EPO 1987, 447). He is not entitled to have his rights re-established under Article 122(1) EPC when he misses the time limit for filing an appeal (Art. 108, 1st sentence, EPC).

2. The legal position of such an opponent/appellant differs from that of one whose appeal does exist, but whose statement of grounds of appeal is filed out of time: cf. G 1/86, "Re- establishment of rights of opponent/VOEST ALPINE" (OJ EPO 1987, 447).

3. Changes in the Rules of the EPC are non-retrospective (principle of legal certainty).

4. When the two-week period laid down by the President of the EPO pursuant to Rule 36(5) EPC in the decision dated 29 July 1987, OJ EPO 1987, 323* has not been observed, the appeal is deemed not to have been received.