D 0005/89 (Examination Board - examination procedure) of 22.9.1989

European Case Law Identifier:

ECLI:EP:BA:1989:D000589.19890922

Date of decision:

22 September 1989

Case number:

D 0005/89

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Bibliographic information is available in:	DE \| EN \| FR
Versions:	OJ

Title of application:

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Board:

DBA

Headnote:

1. When drawing up the examination procedure the Examining Board has discretionary powers whose exercise may be scrutinised only for possible misuse (confirmation of D 1/81, OJ EPO 1982,258).
2. If the examination procedure requires a candidate without a university-level qualification to have worked for three additional years as corroboration of an equivalent level of knowledge, this does not constitute a misuse of discretionary powers.

Relevant legal provisions:

Regulation on the European qualifying examination Art005(2) Sent 1
Regulation on the European qualifying examination Art007(1)
REE DV Nr.5.4(1)

Keywords:

Extent of the powers of investigation and decision of the Disciplinary Board of Appeal
Examination Board - drawing up the examination procedure - discretionary powers

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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d890005ep1.html

Date retrieved: 17 May 2021