Conclusion

This chapter offers concluding observations on the essence and functioning of the Boards of Appeal (BoA) by bringing together the main findings and flagging the open issues as they have emerged from the preceding chapters. First, the chapter reflects on some problematic features of the BoAs, namely their nature and position within the EU system of judicial protection and examines the impact of Article 58a of the Statute of the CJEU and the notion of ‘functional continuity’. Second, the chapter discusses what acts can be challenged before the BoAs as well as by whom, and the intensity with which BoAs review agencies’ decisions, noting especially a stark difference between the remedy which the BoAs offer in theory and what happens in practice. Third, the chapter brings to the fore some open questions for future research.