1. A Member State, represented by its competent authority or its single point of contact referred to in Article 12 and Article 19(5), respectively, of Regulation (EU) 2023/2411 (the ‘intervener’), may join the appeal.
2. The intervention shall be ancillary to the main proceedings and shall be limited to supporting, in whole or in part, the form of order sought by the main party or one of the main parties. It shall not confer the same procedural rights as those conferred on the main parties. It shall become devoid of purpose as a result of a main party’s discontinuance or withdrawal from the proceedings or of an agreement between the main parties, or where the appeal is declared inadmissible. The Member State shall accept the case as it finds it at the time of its intervention.
3. The intervention request shall be notified to the Board of Appeal in any of the official Union languages within four months after the information on the appeal being filed is published in the Union register. A notification for intervention made after the expiry of this time limit shall be ineffective. The request shall identify a party that the intervener will support. The application to intervene shall contain:
(a)
a clear identification of the appeal case;
(b)
the name and address of the applicant for leave to intervene;
(c)
particulars of the status and address of the representative of the applicant for leave to intervene, where applicable;
(d)
the form of order sought in support of which the applicant for leave to intervene is applying for leave to intervene.
4. As soon as the intervention request is filed, the Board of Appeal shall notify it to the appellant, the defendant, the competent authorities or single points of contact of the Member States where the appellant and the defendant reside or are established as well as to the other interveners, in the official language as filed by the intervener, together with a verified machine translation of it, into the relevant official Union language of the respective Member States.
5. The Board of Appeal shall provide the intervener, without delay, every procedural documents served on the parties, together with a verified machine translation into the relevant official Union language of the intervener.
6. The intervener may submit a statement in intervention within the time limit prescribed by the Board of Appeal. Such statement shall contain:
(a)
the form of order sought by the intervener in support, in whole or in part, of the form of order sought by one of the main parties;
(b)
the pleas in law and arguments relied on by the intervener; and
(c)
where appropriate, any evidence produced or offered.
7. After the statement in intervention has been submitted, the Board of Appeal shall prescribe a time limit within which the parties may reply to that statement. The parties shall be given the possibility to reply to such statement in any of the official Union languages.
8. As soon as the statement of intervention and replies are filed, the Board of Appeal shall notify them to the appellant, the defendant, the competent authorities or single points of contact of the Member States where the appellant and the defendant reside or are established as well as to the other interveners, in the official language as filed by the intervener, together with a verified machine translation of these documents, into the relevant official Union language of the respective Member States.
9. In case the appellant or the defendant resides or is established in a third country, the Board of Appeal shall notify the statement of intervention and the replies to the appellant or to the defendant or to the competent authorities of the third country where they reside or are established, as applicable together with verified machine translations, into the official Union language in which the notice of appeal was filed by the appellant or in which the response was filed by the defendant. In case the defendant did not file a response, translations will be provided in the language in which the first procedural step in the relevant proceedings before the Office was filed by the defendant.