| European Case Law Identifier: | ECLI:EP:BA:1988:D000586.19880229 | ||||||||
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| Date of decision: | 29 February 1988 | ||||||||
| Case number: | D 0005/86 | ||||||||
| Application number: | - | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | - | ||||||||
| Opponent name: | - | ||||||||
| 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. |
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| 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) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d860005ep1.html
Date retrieved: 17 May 2021
8 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)