T 0229/18 - The Chair retires before the written decision is given

Key points

• The decision was given during oral proceedings on 07.10.2021. Minutes were issued on 22.10.2021.
• A notice about a transfer of the case to another Board was issued on 12.07.2022.
• A party enquires in 2022 and later in September 2023 about when the written decision will be issued.
• By that time, the chair had retired (in June 2022). The other party proposes that the Board apply Art. 8(3) RPBA, which states that if the Chair is unable to act, the longest-serving member shall sign the decision.
• The Board issued a Communication on 23.10.2023, apologizing for the undue delay and mentioning "unfortunate circumstances and the productivity objectives imposed on the boards of appeal".
• The decision in PDF was authenticated by the legal member instead of the Chair.
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EPO 

The link to the decision is provided after the jump.

https://www.epo.org/en/boards-of-appeal/decisions/t180229eu1