5.3.1 Withdrawal only by virtue of a clearly expressed intention not to proceed with the request

A party's request for oral proceedings can be withdrawn only by virtue of a clearly expressed intention not to proceed with the request, for example in the form of an unambiguous written statement to that effect on the file (T 1548/11). Silence on the part of a party cannot be interpreted as withdrawal of the request for oral proceedings (J 12/15, T 766/90, T 35/92, T 686/92, T 1951/16, T 2687/17). A withdrawal of the request for oral proceedings requires an unambiguous expression of the party's wish to withdraw (T 795/91, T 879/92, T 2687/17). If there is no unequivocal proof of the withdrawal of the request, it has to be assumed that the request, once submitted, remains valid and was therefore also valid at the time of the contested decision (see J 12/15, T 283/88, T 598/88, T 663/90, T 1951/16). In case of doubt, the relevant deciding body should check with the party concerned whether they wish to maintain their request for oral proceedings (see T 283/88).