The communication in which the formalities officer has fixed the costs may be reviewed if requested by one of the parties to the proceedings. The opposition division will then issue an appealable decision.
The request for such a decision, stating the reasons on which it is based, must be filed with the EPO in writing within one month after the date of notification of the communication in which the costs have been fixed. This request is not deemed to be filed until the fee for the request of a decision to be issued by the opposition division on the costs as fixed has been paid at the rate prescribed in the Rules relating to Fees under the EPC.
The opposition division will take a decision on the request without oral proceedings.
This final decision by the opposition division can be appealed by each party adversely affected. The appeal will only be admissible if the amount fixed exceeds the appeal fee.