8.2.3 Technical problems 

Where technical problems prevent oral proceedings held by videoconference from being conducted openly and fairly, for example due to a total or partial breakdown in communication, the right to be heard might possibly be violated (Art. 113(1)). As a result of the technical problems, the parties may be taken by surprise by grounds for an adverse decision on which they have not had an opportunity to comment.

If the sound or image transmission of any of the participants taking part in the oral proceedings is lost, the chair will stop the proceedings until the transmission is re-established.

If a participant is disconnected for more than a few minutes, a member of the division will contact them to see if they are having technical problems. Any relevant information will be shared with all parties.

If a party reconnects after a temporary connection failure, the chair will make sure that no information has been missed. Some arguments may have to be repeated.

If, despite all efforts of the participants, technical problems prevent the oral proceedings by videoconference from being conducted in accordance with the parties' rights under Art. 113 and Art. 116, the videoconference will be ended. A new summons to oral proceedings will be issued. As a rule, new oral proceedings will be held by videoconference unless there are serious reasons for not doing so (E‑III, 1.2).