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28 | II Série A - Número: 023S1 | 27 de Outubro de 2014

ARTICLE 77 Formal requirements

(1) Decisions and orders of the Court shall be reasoned and shall be given in writing in accordance with the Rules of Procedure.
(2) Decisions and orders of the Court shall be delivered in the language of proceedings.

ARTICLE 78 Decisions of the Court and dissenting opinions

(1) Decisions and orders of the Court shall be taken by a majority of the panel, in accordance with the Statute. In case of equal votes, the vote of the presiding judge shall prevail.
(2) In exceptional circumstances, any judge of the panel may express a dissenting opinion separately from the decision of the Court.

ARTICLE 79 Settlement

The parties may, at any time in the course of proceedings, conclude their case by way of settlement, which shall be confirmed by a decision of the Court. A patent may not be revoked or limited by way of settlement.

ARTICLE 80 Publication of decisions

The Court may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of information concerning the Court's decision, including displaying the decision and publishing it in full or in part in public media.

ARTICLE 81 Rehearing

(1) A request for rehearing after a final decision of the Court may exceptionally be granted by the Court of Appeal in the following circumstances: (a) on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing; such request may only be granted on the basis of an act which was held, by a final decision of a national court, to constitute a criminal offence; or (b) in the event of a fundamental procedural defect, in particular when a defendant who did not appear before the Court was not served with the document initiating the proceedings or an equivalent document in sufficient time and in such a way as to enable him to arrange for the defence.

(2) A request for a rehearing shall be filed within 10 years of the date of the decision but not later than two months from the date of the discovery of the new fact or of the procedural defect. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise.
(3) If the request for a rehearing is well-founded, the Court of Appeal shall set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision, in accordance with the Rules of Procedure.
(4) Persons using patents which are the subject-matter of a decision under review and who act in good faith should be allowed to continue using such patents.