Where technical problems occur such that the oral proceedings held by videoconference cannot be conducted openly and fairly, for example due to a total or partial breakdown in communication, the right to be heard might possibly be violated (Art. 113(1)). The parties, due to the technical problems, might be taken by surprise by the grounds mentioned in an adverse decision on which they have not had an opportunity to comment.
If the sound or image transmission of any of the participants taking part in the oral proceedings is lost, the chair will stop the proceedings until the transmission is re-established.
If a participant is disconnected for more than a few minutes, a member of the division will contact that party to see if they are having technical problems. Any relevant information will be shared with all parties.
If a party reconnects after a temporary connection failure, the chair will make sure that no information has been missed. Some arguments might have to be repeated.
If, despite all efforts of the participants, technical problems prevent the oral proceedings by videoconference from being conducted in accordance with the parties' rights under Art. 113 and Art. 116, the videoconference will be terminated. A new summons to oral proceedings will be issued. As a rule, new oral proceedings will be held by videoconference unless there are serious reasons for not doing so (E‑III, 1.2).