1.8 Invitation to appoint a representative and legal consequence of non-compliance

Where the Receiving Section notes during the examination under Art. 90(3) that a party having neither residence nor principal place of business within a contracting state has failed to fulfil the requirements of Art. 133(2) (see A‑VIII, 1.1), it will send the invitation to appoint a representative within a two-month period direct to the party concerned. The period is not extendable (see E‑VIII, 1.1). If a representative is not appointed in due time, the application will be refused under Art. 90(5). This decision may be remedied by requesting re-establishment of rights under Art. 122 and Rule 136 (see E‑VIII, 3) or by filing a notice of appeal (see E‑XII).

If the representative withdraws from representation during the examination phase and no new appointment is made, the two-month time limit for appointing a representative may be extended upon request according to Rule 132 (see E‑VIII, 1.6). If the deficiency is not remedied in due time, the application will be deemed withdrawn (Art. 94(4)). The loss of rights may be remedied by filing a request for further processing under Art. 121 and Rule 135 (see E‑VIII, 2) or by requesting a decision under Rule 112(2) (see E‑VIII, 1.9.3).