In J 5/81 (OJ 1982, 155) it was held that there was a substantial procedural violation where the Receiving Section had ignored the suspensive effect of an appeal in contravention of Art. 106(1) EPC 1973.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_9_5_13.htm
Date retrieved: 17 May 2021