Article 42

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1. A Registry shall be set up at the Boards of Appeal. It shall be responsible for the receipt, dispatch, safekeeping and notification of all documents relating to the proceedings before the Boards of Appeal, and for the compilation of the relevant files.

 

2. The Registry shall be headed by a Registrar. The Registrar shall fulfil the tasks referred to in this Article under the authority of the President of the Boards of Appeal, without prejudice to the provisions in paragraph 3.

 

3. The Registrar shall ensure that all formal requirements and time limits, laid down in Regulation (EU) 2017/1001, in this Regulation or in decisions of the Presidium of the Boards of Appeal adopted in accordance with Article 166(4)(c) and (d) of Regulation (EU) 2017/1001 are respected. To this effect, the Registrar shall have the following duties:

(a) sign the decisions taken by the Boards of Appeal in respect of appeals;

(b) take and sign the minutes of oral proceedings and of the taking of evidence;

(c) provide, either of its own motion or upon request from the Board of Appeal, reasoned opinions to the Board of Appeal on procedural and formal requirements including on irregularities pursuant to Article 23(2) of this Regulation;

(d) submit the appeal, in accordance with Article 34(1) of this Regulation, to the instance of the Office which adopted the contested decision;

(e) order, on behalf of the Board of Appeal, in the cases referred to in Article 33(a) and (b) of this Regulation, the reimbursement of the appeal fee.

 

4. The Registrar shall, upon delegation of the President of the Boards of Appeal, have the following duties:

(a) allocate cases in accordance with Article 35(1) and (4);

(b) implement, pursuant to Article 166(4)(b) of Regulation (EU) 2017/1001, decisions of the Presidium of the Boards of Appeal relating to the conduct of proceedings before the Boards of Appeal.

 

5. The Registrar may, upon delegation of the Presidium of the Boards of Appeal made upon proposal of the President of the Boards of Appeal, perform other tasks relating to the conduct of appeal proceedings before the Boards of Appeal and the organisation of their work.

 

6. The Registrar may delegate the tasks referred to in this Article to a member of the Registry.

 

7. Where the Registrar is prevented from acting within the meaning of Article 43(4), or where the post of Registrar is vacant, the President of the Boards of Appeal shall appoint a member of the Registry who shall perform the tasks of the Registrar in the Registrar's absence.

 

8. The members of the Registry shall be managed by the Registrar.