9. Remittal to the department of first instance
In T 2475/17 the board dealt with the issue of a board's power to order a different composition of a department of first instance when remitting a case to it.
Whether a case can be remitted to a differently composed department of first instance when the original first-instance decision is found to be vitiated by a substantial procedural violation is dealt with in detail, in the context of suspected partiality of members of the departments of first instance, in chapter III.J.4.2 "Remittal and rehearing of a case".