Chapter II – The opposition division
6. Duties and powers of members
The first member will conduct the examination of the opposition. If oral proceedings have been requested, they are normally arranged as the first action, possibly in conjunction with the taking of evidence (see E‑III, 1 to E‑III, 4 and E‑IV, 1.6.1). The first member will prepare the communication accompanying the summons to oral proceedings and submit it to the other members. If the first member considers it necessary to send communications to the parties before the summons to oral proceedings, these communications will be submitted to the opposition division before dispatch.
If there are differences of opinion within the opposition division, the first member will confer with the other members to discuss the points at issue. The chair will preside at the meeting and, following a discussion, take a vote on the decision or the further course of the procedure.
Voting will be on the basis of a simple majority. In the event of a tie, the chair will have the deciding vote.
Any further measures necessary will be entrusted as a rule to the first member. If no further measures are necessary, the first member will draft a decision on the opposition and distribute the draft to the other members of the opposition division for examination and signature. If any changes are proposed by a member and there are differences of opinion on such changes, the chair must arrange a meeting.
Where reference is made hereafter to the opposition division, this is to be taken to mean the first member where such a member has been appointed and in so far as the EPC entitles an opposition division member to act alone.