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Appeal

Who can file an appeal?

Anyone who is adversely affected by a decision can file an appeal.


Time-limit and form of an Appeal

A distinction must be made between the Notice of Appeal and the Statement of Grounds.

Notice of appeal

  • Notification of contested decision

  • 2 months

  • 4 months

Statement of grounds



First instance revision

Once the Statement of Grounds is received, the Registry of the Boards submits the Appeal (Notice of Appeal and Statement of Grounds) to the first instance. In ex-parte cases, i.e. cases which involve only one party, the department whose decision is contested will correct its decision if it considers the appeal acceptable and well-founded; if it does not consider the appeal acceptable or well-founded, the case will be sent back to the Boards of Appeal.

In inter-parte cases, i.e. cases which involve more than one party, the department whose decision is contested will correct its decision if it considers the appeal acceptable and well-founded, as long as the other party accepts the rectification. The department whose decision is contested has one month to decide on the revision; if the department whose decision is contested does not consider the appeal acceptable or well-founded, the case will be sent back to the Boards of Appeal.

Ex-Parte Cases

In an ex-parte case, the file is immediately submitted to the chairperson of the competent Board who will designate a Rapporteur.

Inter-Parte Cases

In inter-partes cases there is a slightly different procedure. In accordance with the Rules of Procedure of the Boards of Appeal, the respondent is allowed to file a response. After a response is filed, the Board may authorise further submissions by the parties (reply/rejoinder).

After the written part of the proceedings, the file is submitted to the chairperson of the competent Board, who will designate a Rapporteur.

In both types of proceedings, if the Rapporteur considers it worthwhile, he or she will contact the party/ies to clarify any important questions regarding the appeal. Otherwise, a decision will be drafted and discussed by the Board. The party will be notified when a decision has been adopted.

General Court

The Boards decisions may be subject to an appeal, within two months from the notification of the decision, before the General Court. The grounds for such appeal are laid down in Article 65 (2) CTMR and Article 61(2) CDR.

All judgments of the GC may be appealed to the Court of Justice of the European Union.

Page last updated 10-02-2014