Article 45

1. The list comprising the names of all members of the Boards of Appeal other than the President of the Boards of Appeal and the chairpersons of the Boards of Appeal for the purposes of drawing in rotation the members of the Grand Board referred to in Article 167(2) of Regulation (EU) 2017/1001 shall be drawn up in the order of seniority determined in accordance with Article 43(1) of this Regulation. Where an appeal has been referred to the Grand Board pursuant to Article 165(3)(b) of Regulation (EU) 2017/1001, the Grand Board shall comprise the rapporteur designated prior to the referral.

2. Article 40 shall apply to the President of the Boards of Appeal acting in the capacity of chairperson of the Grand Board. Article 41 shall apply to the rapporteur to the Grand Board.

3. Where the President of the Boards of Appeal is prevented from acting as chairperson of the Grand Board, the President of the Boards of Appeal shall be replaced in that function and, as the case may be, as rapporteur to the Grand Board, on the basis of seniority as determined in accordance with Article 43(1), by the most senior chairperson of the Boards of Appeal. Where a member of the Grand Board is prevented from acting, that member shall be replaced by another member of the Boards of Appeal to be designated pursuant to Article 167(2) of Regulation (EU) 2017/1001 and paragraph 1 of this Article. Article 43(4) and (5) of this Regulation shall apply mutatis mutandis.

4. The Grand Board shall not deliberate or vote on cases, and oral proceedings shall not take place before the Grand Board unless seven of its members are present, including its chairperson and the rapporteur.

5. Article 39(1) to (5) shall apply to the deliberations and voting of the Grand Board. In the event of a tie, the vote of the chairperson shall be decisive.

6. Article 32 shall apply to decisions of the Grand Board and mutatis mutandis to its reasoned opinions within the meaning of Article 157(4)(l) of Regulation (EU) 2017/1001.