4. Consolidation of proceedings 

The examining or opposition division or the Legal Division may consolidate proceedings if this is considered useful in order to expedite proceedings in the specific circumstances of the case (see J 17/92).

Consolidation is considered, in particular, if the parties and the underlying facts of the proceedings are identical. It is for the division responsible to decide whether proceedings are to be consolidated in the interests of procedural efficiency and with a view to expediting proceedings and, if so, for what purpose. Consolidation may concern the entire procedure or only individual procedural steps such as taking evidence or holding oral proceedings.

The parties are to be informed of the consolidation, including its purpose. Where proceedings are consolidated for the taking of evidence, this is to be notified in the order to take evidence and in the annex to the summons to oral proceedings. These must be sent to all parties to the consolidated proceedings. Likewise, submissions from the parties filed in respect of only one set of proceedings which are relevant to the consolidated parts of the proceedings must be included in all the files concerned.

Once its purpose has been achieved, the consolidation is to be set aside and the proceedings are to be continued separately. Again, the parties must be informed accordingly.

A decision to consolidate proceedings is not open to separate appeal but may be appealed only together with the final decision unless the decision allows a separate appeal (see E‑X, 3E‑IX, 3). The same applies mutatis mutandis to a decision setting aside consolidation.