2.2. Limits of the legitimate expectations principle
2.2.7 Communication under Article 15(1) RPBA not binding
This section has been updated to reflect case law up to 31 December 2025. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 11th edition (PDF). |
The board in T 1832/18 stated that there could be no legitimate expectation that the board would not deviate from its preliminary opinion. The board had expressly emphasised in its communication under Art. 15(1) RPBA, in line with Art. 15(1), fifth sentence, and 17(2) RPBA, that the comments in this communication merely expressed the board's preliminary and non-binding opinion (see also chapter III.C.7.4.3 and V.A.4.5.4h)).