Whether a case can be remitted to a differently composed department of first instance when the original first-instance decision proves to have been vitiated by a substantial procedural violation is dealt with in detail, in the context of suspected partiality of members of the departments of first instance, in chapter III.J.4.2. "Remittal and rehearing of a case".
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_8_7.htm
Date retrieved: 17 May 2021