In R 17/09 the Enlarged Board held that to allow or refuse a recording of the oral proceedings was a matter of discretion for the board concerned (see also T 1938/09 of 9 March 2015 date: 2015-03-09). Refusal to allow recording could not be treated as a procedural violation.

In T 1938/09 of 9 March 2015 date: 2015-03-09 the board held that, even if a sound recording of the proceedings were made, there would have been no legal basis for making it available to the parties.

In T 8/13 the appellant had requested to be given authorisation to make a sound recording of the oral proceedings. The board stated that sound recordings were not allowed and referred to the corresponding notice of the Vice-President of DG 3 (OJ SE 3/2007, 117).