Article 33

The appeal fee shall be reimbursed by order of the Board of Appeal in either of the following events:

(a) where the appeal is not deemed to have been filed in accordance with the second sentence of Article 68(1) of Regulation (EU) 2017/1001;

(b) where the decision-making instance of the Office which adopted the contested decision grants revision pursuant to Article 69(1) of Regulation (EU) 2017/1001 or revokes the contested decision in application of Article 103 of Regulation (EU) 2017/1001;

(c) where, following reopening of the examination proceedings within the meaning of Article 45(3) of Regulation (EU) 2017/1001 upon the Board of Appeal's recommendation pursuant to Article 30(2) of this Regulation, the contested application has been rejected by final decision of the examiner and the appeal has become devoid of purpose as a consequence thereof;

(d) where the Board of Appeal considers such reimbursement equitable by reason of a substantial procedural violation.