When deciding whether or not to remit a case, the boards consider a number of other factors, such as the need for procedural economy (see chapter V.A.7.3. below), whether new facts and evidence have been submitted (see chapter V.A.7.5. below), whether the first-instance proceedings were vitiated by a substantial procedural violation (see chapter V.A.7.7. below), the parties' requests, the need to avoid economic uncertainty, the parties' interest in examination at two instances, the right to a fair hearing and whether or not there has been comprehensive assessment of the case during the proceedings at first instance (see chapter V.A.7.4. below).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_7_2_3.htm
Date retrieved: 17 May 2021