7.3. Withdrawal of the appeal
If the sole appellant says he has withdrawn his appeal, but the parties are in dispute as to whether he did so admissibly, then the board is empowered to rule on that issue (T 659/92, OJ 1995, 519).
After withdrawal of an appeal it is still permissible to decide on ancillary questions (T 85/84). Thus in J 12/86 (OJ 1988, 83), T 41/82 (OJ 1982, 256) and T 773/91, the board of appeal dealt with requests for reimbursement of the appeal fee filed after withdrawal of the appeal, and in T 117/86 (OJ 1989, 401), T 323/89 (OJ 1992, 169), T 614/89 and T 765/89 with requests for apportionment of costs.
In T 333/20, the board observed that a withdrawal of the appeal brought the proceedings to a close as regards the substantive merits of the appeal case itself but not as regards requests relating to issues not settled by the withdrawal. The request for reimbursement of the appeal fee filed by the appellant on withdrawing the appeal was therefore not covered by the closure of the proceedings (see T 41/82, OJ 1982, 256; T 89/84, OJ 1984, 562; J 12/86, OJ 1988, 83; T 773/91 and J 37/97).