Can Haar be considered to be in Munich?

This is one (and most arguably the most interesting) among one of three questions that have been presented to the Enlarged Board of Appeal by the Board of Appeal in decision T0831/17. The background is that the Board of Appeal moved from the center of Munich to Haar. However, Article 6(2) EPC states that "The European Patent Office shall be located in Munich. It shall have a branch at the Hague." Haar is a municipality in the district of Munich. If the Enlarged Board of Appeal finds that Haar does not belong to Munich in the sense of Art. 6(2) EPC, at least summoning oral proceedings in Haar would no longer be possible. An answer can be expected within the next 18 months. In the present case the Board decided to postpone the oral proceedings in the mentioned case. Thus, based on this decision it should be possible to apply for a postponement for oral proceedings in general scheduled in Haar.

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