In T 687/05 the board held that the fact that the decision under appeal was based on an incorrect interpretation of Art. 100(c) EPC 1973 did not constitute a "procedural" violation, but was simply an error in the application of the law (see also J 8/13 and T 378/14).
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_9_5_10_c.htm
Date retrieved: 17 May 2021