Under Art. 75 EPC a European patent application may be filed with the EPO or, if the law of a Contracting State so permits, (and subject to Art. 76(1) EPC) with the central industrial property office or other competent authority of that State.
According to J 3/80 (OJ 1980, 92), the obligation to forward European patent applications filed nationally to the EPO rests upon the relevant central industrial property office and not upon the applicant (see also J 1/12 in this chapter IV.A.5.1.; see also chapter III.E.2.2. "Re-establishment only in cases of failure to observe a time limit for which it was for the applicant to observe").