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CLR III J Suspected partiality

General principles

Exclusion and objection

Rationale and importance

The European Convention on Human Rights

"Subjective" and "objective" test, presumption of impartiality

Parties' right to have their case decided by the judge designated by law

Applicability of Article 24 EPC to first-instance proceedings

Applicability of Article 24 EPC to disciplinary proceedings

Initiation of partiality proceedings and other procedural issues

Notices of self-recusation

Objection by other board members of the same board of appeal

Objection by a party

Objection by a third party

Competence of the board in its original composition

Obligation to raise the objection immediately

Objection must be reasoned and substantiated

Objection based on an obviously wrong understanding of the board's procedural obligations, the right to be heard and the principle of a fair trial

Repetition of a previous objection

Dual function as members of the Enlarged Board and another board of appeal

Suspected partiality of members of the departments of first instance

Competence to decide

Remittal and rehearing of a case

Personal interest

Disqualifying partiality

Suspected partiality of members of the boards of appeal

Grounds for exclusion under Article 24(1) EPC

Previous involvement of a board member as a party's representative

Participation in the decision under appeal

Grounds for objection under Article 24(3) EPC

Expressions of opinions on legal issues

Disqualifying partiality

Discretionary procedural decisions negatively affecting a party

Statement of grounds of objection defines the factual scope of the objection

Article 24(3) EPC objection under Article 112a(2)(a) EPC

Comments of the board member concerned

Suspected partiality of members of the Enlarged Board of Appeal

Referral proceedings under Article 112 EPC

Previous participation in cases as members of the boards of appeal

Expressions of opinion on legal issues

Petition for review proceedings under Article 112a EPC

Previous participation in cases as members of the boards of appeal

Expressions of opinion on legal issues

Suspected partiality of the Chairman of the Enlarged Board of Appeal who at the same time was Vice-President of Directorate-General 3 (VP3)

Legal restrictions for former board members

Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_j.htm

Date retrieved: 17 May 2021

48 references found.

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Case Law Book

X CLR TOC OF CONTENTS

Case Law Book: III Amendments

X CLR III RULES COMMON TO ALL PROCEEDINGS BEFORE THE EPO

X CLR III J 1 General principles

X CLR III J 1.1 Exclusion and objection

X CLR III J 1.2 Rationale and importance

X CLR III J 1.3 The European Convention on Human Rights

X CLR III J 1.4 "Subjective" and "objective" test, presumption of impartiality

X CLR III J 1.5 Parties' right to have their case decided by the judge designated by law

X CLR III J 1.6 Applicability of Article 24 EPC to first-instance proceedings

X CLR III J 1.7 Applicability of Article 24 EPC to disciplinary proceedings

X CLR III J 2 Initiation of partiality proceedings and other procedural issues

X CLR III J 2.1 Notices of self-recusation

X CLR III J 2.2 Objection by other board members of the same board of appeal

X CLR III J 2.3 Objection by a party

X CLR III J 2.4 Objection by a third party

X CLR III J 3 Admissibility

X CLR III J 3.1 Competence of the board in its original composition

X CLR III J 3.2 Obligation to raise the objection immediately

X CLR III J 3.3 Objection must be reasoned and substantiated

X CLR III J 3.4 Objection based on an obviously wrong understanding of the board's procedural obligations, the right to be heard and the principle of a fair trial

X CLR III J 3.5 Repetition of a previous objection

X CLR III J 3.6 Dual function as members of the Enlarged Board and another board of appeal

X CLR III J 4 Suspected partiality of members of the departments of first instance

X CLR III J 4.1 Competence to decide

X CLR III J 4.2 Remittal and rehearing of a case

X CLR III J 4.3 Personal interest

X CLR III J 4.4 Disqualifying partiality

X CLR III J 5 Suspected partiality of members of the boards of appeal

X CLR III J 5.1 Grounds for exclusion under Article 24(1) EPC

X CLR III J 5.1.1 Previous involvement of a board member as a party's representative

X CLR III J 5.1.2 Participation in the decision under appeal

X CLR III J 5.2 Grounds for objection under Article 24(3) EPC

X CLR III J 5.2.1 Expressions of opinions on legal issues

X CLR III J 5.2.2 Disqualifying partiality

X CLR III J 5.2.3 Discretionary procedural decisions negatively affecting a party

X CLR III J 5.2.4 Statement of grounds of objection defines the factual scope of the objection

X CLR III J 5.2.5 ‍‍Article 24(3) EPC objection under Article 112a(2)(a) EPC

X CLR III J 5.3 Comments of the board member concerned

X CLR III J 6 Suspected partiality of members of the Enlarged Board of Appeal

X CLR III J 6.1 Referral proceedings under Article 112 EPC

X CLR III J 6.1.1 Previous participation in cases as members of the boards of appeal

X CLR III J 6.1.2 Expressions of opinion on legal issues

X CLR III J 6.2 Petition for review proceedings under Article 112a EPC

X CLR III J 6.2.1 Previous participation in cases as members of the boards of appeal

X CLR III J 6.2.2 Expressions of opinion on legal issues

X CLR III J 6.2.3 Suspected partiality of the Chairman of the Enlarged Board of Appeal who at the same time was Vice-President of Directorate-General 3 (VP3)

X CLR III J 7 Legal restrictions for former board members

Case Law Book: V Priority

X CLR V B 4.1 ‍‍Article 112a(2)(a) EPC – alleged breach of Article 24 EPC