3. Exceptions to sections 1 and 2 

The EPO has discretion to permit exceptions to the provisions of Rule 4(1). Clearly, such permission must depend on the circumstances of the individual case. It may happen, for example, that parties are unable to give one month's notice through no fault of their own, and, although they have made arrangements for an interpreter, this interpreter is then unable to attend (e.g. owing to illness). If, in such circumstances, the EPO is unable to provide for interpreting, it will postpone the oral proceedings if they are being held at the examination stage. However, in opposition proceedings, the oral proceedings continue if the parties agree and the EPO employees involved can cope with the language to be used. Otherwise, the EPO postpones the oral proceedings and any costs incurred by the innocent party as a result of the postponement are a matter for apportionment under Art. 104.