D 0001/81 (Powers of investigation) of 4.2.1982

European Case Law Identifier:

ECLI:EP:BA:1982:D000181.19820204

Date of decision:

04 February 1982

Case number:

D 0001/81

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Title of application:

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Board:

DBA

Headnote:

1. In matters connected with examinations, the Disciplinary Board of Appeal is empowered, pursuant to Article 23(1) of the Regulation, to investigate whether the provisions of the Regulation are in conformity with higher-ranking law, particularly the EPC, and whether the appealed decision rests on an infringement of such law or of the provisions of the Regulation. An incorrect application of those provisions or a misuse of discretionary powers in their application certainly constitutes infringement.
2. The Examination Board is operating within the scope of the discretionary powers conferred by Article 7(1)(a) of the Regulation in making the corroboration of an equivalent level of knowledge dependent on the type of qualifications obtained by the candidates, differentiating between such qualifications on the basis of a minimum period of education and requiring candidates not holding such qualifications to attend an interview to satisfy the Examination Board that they possess an equivalent level of knowledge.

Relevant legal provisions:

Regulation on the European qualifying examination Art023(1)
Regulation on the European qualifying examination Art007(1)(a)

Keywords:

Extent of the powers of investigation and decision of the Disciplinary Board of Appeal
Differentiation between educational establishments
Interview to corroborate level of knowledge

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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d810001ep1.html

Date retrieved: 17 May 2021