Résumé de Art 15a(2) RPBA 2020 pour la décision T1946/21 du 05.05.2023

See also abstract under Art. 87(1) EPC. In T 1946/21 the appellant's and the intervener's representative requested oral proceedings be held in a hybrid format to allow the representatives to attend the hearing in person and other attendees to attend remotely. The board recalled that under Art. 15a(2) RPBA 2020, if oral proceedings are scheduled to be held on the premises of the EPO (such as in the case in hand), a party, representative or accompanying person may, upon request, be allowed to attend by videoconference. In the board's view, any such request should normally be granted only if the participation of the person for whom the access by means of videoconferencing technology has been requested is related to a person whose participation in the oral proceedings is relevant to the case, in particular to the decision to be taken at the oral proceedings. In the proceedings in hand, the appellant and the intervener were represented by professional representatives who would be attending the oral proceedings on their behalf. The board noted that from the request for hybrid-format oral proceedings, it had not been apparent how the participation of additional "other attendees" was relevant to the case. It had not even been clear to the board who these "other attendees" were. According to the board, it was entirely possible that submissions made by persons who were not professional representatives (such as "accompanying persons" within the meaning of Art. 15a(2) RPBA 2020) were relevant for the decision to be taken. Citing G 4/95, the board stated that it might permit such submissions at oral proceedings but this required a reasoned request to that effect, as explained in the board's communication under Art. 17 RPBA 2020 sent to the parties on 21 February 2023. Absent any such request, the board saw no reasons which would outweigh the increased technical and organisational complexity caused by setting up and operating an additional parallel hybrid channel while running in-person proceedings at which all parties are already fully represented by the professional representatives present and in which all attendees may participate as well. Therefore, the oral proceedings took place as originally summoned, i.e. in person.