According to Art. 18(3) RPEBA, the final decision of the Enlarged Board in proceedings under Art. 23(1), first sentence, EPC, may be published, due regard being taken of the confidentiality of the proceedings. Case G 2302/15 was terminated following the Administrative Council’s withdrawal of its request that the Enlarged Board make a proposal for the removal from office of a board member. The Enlarged Board’s decision was final in that it terminated the proceedings, albeit for non-substantive reasons. The Enlarged Board decided that the decision be published.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_b_5_6.htm
Date retrieved: 17 May 2021