General provisions on notifications
1. In proceedings before the Office, notifications to be made by the Office shall be in accordance with Article 94(2) of Regulation (EU) 2017/1001 and shall consist in the transmission of the document to be notified to the parties concerned. Transmission may be effected by providing electronic access to that document.
2. Notifications shall be made by one of the following means:
(a)
electronic means pursuant to Article 57;
(b)
post or courier pursuant to Article 58;
(c)
public notification pursuant to Article 59.
3. Where the addressee has indicated contact details for communicating with the addressee through electronic means, the Office shall have the choice between those means and notification by post or courier.
Notification by electronic means
1. Notification by electronic means covers transmissions by wire, by radio, by optical means or by other electromagnetic means, including the internet.
2. The Executive Director shall determine the details regarding the specific electronic means to be used, the manner in which electronic means will be used, and the time limit for notification by electronic means.
Notification by post or courier
1. Notwithstanding Article 56(3), decisions subject to a time limit for appeal, summons and other documents as determined by the Executive Director shall be notified by courier service or registered post, in both cases with advice of delivery. All other notifications shall be either by courier service or registered post, whether or not with advice of delivery, or by ordinary post.
2. Notwithstanding Article 56(3), notifications in respect of addressees having neither their domicile nor their principal place of business or a real and effective industrial or commercial establishment in the European Economic Area (‘EEA’) and who have not appointed a representative as required by Article 119(2) of Regulation (EU) 2017/1001 shall be effected by posting the document requiring notification by ordinary post.
3. Where notification is effected by courier service or registered post, whether or not with advice of delivery, it shall be deemed to be delivered to the addressee on the tenth day following that of its posting, unless the letter has failed to reach the addressee or has reached the addressee at a later date. In the event of any dispute, it shall be for the Office to establish that the letter has reached its destination or to establish the date on which it was delivered to the addressee, as the case may be.
4. Notification by courier service or registered post shall be deemed to have been effected even if the addressee refuses to accept the letter.
5. Notification by ordinary post shall be deemed to have been effected on the 10th day following that of its posting.
Notification by public notice
Where the address of the addressee cannot be established or where after at least one attempt at notification in accordance with Article 56(2)(a) and (b) has proved impossible, notification shall be effected by public notice.
Notification to representatives
1. Where a representative has been appointed or where the applicant first named in a common application is considered to be the common representative pursuant to Article 73(1), notifications shall be addressed to that appointed or common representative.
2. Where a single party has appointed several representatives, notification shall be effected in accordance with Article 2(1)(e) of Implementing Regulation (EU) 2018/626. Where several parties have appointed a common representative, notification of a single document to the common representative shall be sufficient.
3. A notification or other communication addressed by the Office to the duly authorised representative shall have the same effect as if it had been addressed to the represented person.
Irregularities in notification
Where a document has reached the addressee and where the Office is unable to prove that it has been duly notified or where provisions relating to its notification have not been observed, the document shall be deemed to have been notified on the date established as the date of receipt.
Notification of documents in the case of several parties
Documents emanating from parties shall be notified to the other parties as a matter of course. Notification may be dispensed with where the document contains no new pleadings and the matter is ready for decision.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
