7.4.4 Boards' discretion to send communication under Article 15(1) RPBA 2007

According to Art. 15(1) RPBA 2007 it was in the board's discretion to send a communication under Art. 15(1) RPBA 2007. Under Art. 15(1) RPBA this is now mandatory. The introduction of Art. 15(1) RPBA superseded G 6/95 (OJ 1996, 649) in this respect. In G 6/95 the Enlarged Board held that the boards continued to have discretion as to whether or not to send a communication when issuing a summons to oral proceedings, as provided for in Art. 11(2) RPBA 1980, since the then newly introduced R. 71a(1) EPC 1973 (now R. 116(1) EPC) did not apply to the boards of appeal. The Administrative Council could not amend the Implementing Regulations in such a way that the effect of an amended rule was in conflict with the RPBA – adopted under Art. 23(4) EPC 1973 by the Presidium of the boards of appeal and approved by the Council as reflecting the boards' independence. See inter alia T 382/02, T 355/13.