Procedural measures
1. Procedural measures may be ordered by the Chairperson at any time during the procedure, with or without request by the parties.
2. Measures referred to in paragraph 1 may include, in particular:
(a)
interviewing parties, witnesses or experts and any other person holding information decisive for the proceedings;
(b)
requesting written and oral submissions on decisive aspects of the proceedings;
(c)
requesting submission of documentation;
(d)
commissioning of an expert's report;
(e)
inspections and audits decisive for the proceedings.
Extension of time limits in exceptional circumstances
In exceptional circumstances where the party concerned proves the existence of abnormal and unforeseeable circumstances which were outside their control and the consequences of which could not have been avoided in spite of the exercise of all due care, the Board of Appeal may adapt any time limit prescribed pursuant to this Regulation, while ensuring equally balanced rights of all parties to the proceedings.
Documents submitted to launch the proceedings or for further evidence
1. For the purpose of calculating time-limits, a document shall only be considered to have been submitted when it is received by the Registrar, who must acknowledge receipt of the document.
2. Documents shall indicate the appeal or arbitration proceeding number which was allocated by the Registrar when the appeal or arbitration was first submitted.
3. The maximum number of pages for procedural documents shall be as follows:
(a)
20 pages for the appeal and the defence; and
(b)
10 pages for each intervention.
The page limits do not apply to the annexes in the procedural documents.
4. Authorisation to exceed the maximum lengths referred to in paragraph 3 shall be granted by the Registrar in agreement with the Chairperson and only in proceedings involving particularly complex factual issues.
Deliberations
The deliberations of the Board of Appeal shall be confidential and subject to Article 4(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council ( 2 ) .
Deliberations may be held in any appropriate format and are not limited to physical meetings.
Witnesses, experts and hearings
1. The Board of Appeal may hear witnesses at the request of one of the parties on decisive facts having an impact on the outcome of the proceedings. A request by a party to hear a witness shall state on which decisive facts the witness shall be heard and the relevant grounds for calling the witness.
2. The Board of Appeal may hear experts to clarify specific aspects of the proceedings, or appoint an expert to deliver a report.
3. When appointing experts to deliver a report the Board of Appeal shall define their tasks and set a time-limit within which the report shall be submitted.
4. Before giving evidence, the expert shall declare any direct or indirect personal interest which they may have in the outcome of the proceedings, in particular if they have previously acted as a representative of one of the parties or have participated in the procedure leading to the decision under appeal or in related arbitration proceedings.
5. If one of the parties objects an expert for reasons of a potential conflict of interest the matter shall be decided upon by the Board of Appeal by applying Article 12 mutatis mutandis .
6. If the Board of Appeal considers that there is a conflict of interest or a risk thereof, it may decide to hear an expert as witness instead.
7. The Board of Appeal may hold an oral hearing if it considers this to be necessary for confirming evidence on decisive facts having an impact on the outcome of the proceedings and subject to efficiency considerations.
New arguments or evidence
1. The Board of Appeal shall decide until when new evidence or new pleas may be introduced.
2. Where appropriate, the Board of Appeal shall call on the parties to submit observations or additional information within a time-frame that it shall determine.
3. Where new evidence or new pleas are deemed admissible, the other parties shall be entitled to provide their observations.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
