D 0005/86 (Conditions for a disciplinary measure) of 29.2.1988

European Case Law Identifier: ECLI:EP:BA:1988:D000586.19880229
Date of decision: 29 February 1988
Case number: D 0005/86
Application number: -
IPC class: -
Language of proceedings: DE
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Versions: OJ
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Board: DBA
Headnote: 1. An infringement of the rules of professional conduct must be established to the satisfaction of the disciplinary body before it can impose a disciplinary measure. Absolute certainty is not required, but a degree of probability which in human experience verges on certainty. A disciplinary measure cannot be imposed if there is reasonable doubt as to whether the infringement has occurred.
2. The Disciplinary Board of Appeal may elect not to remit the case under Article 12 of its Additional Rules of Procedure if so much time has elapsed that it is unlikely that the facts can still be clarified.
3. Similarly, it may elect not to impose a disciplinary measure if satisfied that the disciplinary proceedings have served their purpose.
Relevant legal provisions:
European Patent Convention 1973 Art 111(1)
Regulation on discipline for professional representatives Art 1(1)
Regulation on discipline for professional representatives Art 2
Regulation on discipline for professional representatives Art 4(1)
Regulation on discipline for professional representatives Art 22(1)
Regulation on discipline for professional representatives Art 22(3)
Regulation on discipline for professional representatives Art 25(1)
Additional rules of procedure of the Disciplinary Board of Appeal Art 6
Additional rules of procedure of the Disciplinary Board of Appeal Art 12
Keywords: Conditions for imposing a disciplinary measure
Rules of professional conduct/infringement/absolute certainty
Rules of professional conduct/infringement/high degree of probability
Rules of professional conduct/infringement/reasonable doubt
Obligation to be truthful - obligation to cooperate
Contempt of a disciplinary body
Remittal (no)
Disciplinary measure, imposition (no)
Catchwords:

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Cited decisions:
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Citing decisions:
T 0109/91

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