Where it is intended to raise one or more pleas of its own motion, to reject a plea by substituting a purely legal ground raised of its own motion for an erroneous one, or to declare a case quashed without referral back, the chairman of the bench or the rapporteur(s) shall notify the parties and invite them to submit their observations within the time limit they shall set.
The same shall apply where it is intended to rule on the merits after a case has been quashed. In this case, the chairman of the panel or the rapporteur(s) shall specify the points in the operative part of the contested decision that are likely to be affected by the appeal on points of law and the points on which a decision on the merits could be given. Where appropriate, they may ask the parties to submit any documents relevant to the decision on the merits, in compliance with the principle of contradiction and in accordance with the procedures they define.
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