Notification
When the EPO determines that the proprietor/applicant has lost a right, a notification is sent to them (R112(1) EPC).
Of course, this notification is not necessary when a decision is issued by the EPO (R112(1) EPC), since the decision is also sent to the proprietor/applicant.
If the EPO’s conduct suggests that the loss of right has not occurred, then there is no effective loss of right (e.g., the proprietor made a late payment for a due date, but the EPO accepted all subsequent due dates without comment J14/94).
Indeed, any different conduct would contravene the principle of good faith governing proceedings before the EPO (J14/94).
Request for a Decision
The proprietor/applicant may always request that the EPO issue a formal decision regarding the loss of a right (R112(2) EPC).
This request must be made within 2 months from the date of the notification (R112(2) EPC).
The decision must then be reasoned (unlike a simple notification of loss of right) (R111(1) EPC).
Only this decision is subject to appeal (A106(1) EPC).