D 0007/05 () of 17.7.2006 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:2006:D000705.20060717

Date of decision:

17 July 2006

Case number:

D 0007/05

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Decision text in EN (PDF, 282Â KB)
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Bibliographic information is available in:	DE \| EN \| FR
Versions:	OJ

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DBA

Headnote:

I. Details of the marking within the meaning of Rule 6(1) of the implementing provisions (IP) to the Regulation on the European qualifying examination for professional representatives (REE) are deemed to include sufficient sub-division of the maximum achievable mark and the candidateÂs overall mark into submarks, and an indication of the substantive and legal issues for which those sub-marks were awarded (point 9 of the reasons).
II. In producing schedules of marks there has to be a trade-off between their purpose of ensuring uniform marking (Article 16 REE) and the need also to allow for fair marking of answers which deviate from the scheme but are at least reasonable and competently substantiated. The schedules must therefore leave some room for manoeuvre and Â merely Â be sufficiently detailed to constitute details of the marking within the meaning of Rule 6(1) IP allowing candidates to verify, on the basis of documents published or made accessible, whether the marking of their answers infringed marking principles the respect of which is subject to review by the Disciplinary Board of Appeal (point 13 of the reasons).
III. On the issue of whether the absence of an obligation to substantiate a negative examination decision other than as required by Rule 6(1) of the IP to the REE contravenes higher-ranking legal principles, see point 25 ff of the reasons.

Relevant legal provisions:

European Patent Convention 1973 Art 100
European Patent Convention 1973 Art 125
European Patent Convention 1973 Art 134(8)(a)
European Patent Convention 1973 R 68
Regulation on the European qualifying examination Art002(1)
Regulation on the European qualifying examination Art004(1)
Regulation on the European qualifying examination Art007(3)(b)
Regulation on the European qualifying examination Art008(b)
Regulation on the European qualifying examination Art008(c)
Regulation on the European qualifying examination Art013(3)
Regulation on the European qualifying examination Art016
Regulation on the European qualifying examination Art017(1)
Regulation on the European qualifying examination Art024(1)
Regulation on the European qualifying examination Art027(1)
Regulation on the European qualifying examination Art027(3)
Regulation on the European qualifying examination R 4
Regulation on the European qualifying examination R 5
Regulation on the European qualifying examination R 6
Convention for the Protection of Human Rights and Fundamental Freedoms Art 6

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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d050007du2.html

Date retrieved: 17 May 2021