a) Boards of appeal

(i) Communications published in 2020

In the communication entitled "Oral proceedings before the Boards of Appeal – restrictions due to the coronavirus (COVID-19) pandemic and introduction of video-conferencing technology in appeal proceedings", published on the website of the Boards of Appeal on 6 May 2020 (the "communication of 6 May 2020"), the Boards of Appeal informed the public of the possibility of conducting oral proceedings before the boards using videoconferencing technology, which would require the agreement of all parties. Later, updated information concerning oral proceedings by videoconference was published on the website of the Boards of Appeal (dated 15 May, 25 May, 29 July and 19 October 2020). By the communication entitled "Oral proceedings before the Boards of Appeal – continuation of the measures adopted due to the coronavirus (COVID-19) pandemic and revised practice on oral proceedings by VICO", published on the website of the Boards of Appeal on 15 December 2020, the public was informed that, from 1 January 2021, boards would be able to conduct oral proceedings by videoconference even without the agreement of the parties concerned. This was because the new Art. 15a RPBA merely clarified an existing possibility. Boards could therefore adapt their practice as regards dispensing with the need to obtain the agreement of the parties concerned even before the date of its entry into force.

(ii) Current rules

According to Art. 15a RPBA, which entered into force on 1 April 2021, oral proceedings can be held by videoconference if the board considers it appropriate to do so, either upon request by a party or of its own motion (OJ 2021, A19). The agreement of the parties is not required. See also G 1/21 date: 2021-07-16 (OJ 2022, A49) and in this chapter III.C.8.3.2.

Art. 15a RPBA also provides for "mixed-mode oral proceedings", in which some parties, representatives or accompanying persons attend by videoconference while others are physically present in the oral proceedings room together with board members (Art. 15a(2) RPBA).

On 25 January 2023 the communication entitled "Oral proceedings before the Boards of Appeal – pandemic measures cease; oral proceedings by VICO still provided" was published on the website of the Boards of Appeal. It informed the public of the end as from 1 February 2023 of pandemic measures regarding the arrangement and conduct of oral proceedings before the boards of appeal. Conduct of oral proceedings using videoconferencing continues to be provided for.