D 0006/92 (Powers of Examination and Disciplinary Board) of 13.5.1992

European Case Law Identifier:

ECLI:EP:BA:1992:D000692.19920513

Date of decision:

13 May 1992

Case number:

D 0006/92

Application number:

IPC class:

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 281Â KB)
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Bibliographic information is available in:	EN
Versions:	OJ \| Published

Title of application:

Applicant name:

Opponent name:

Board:

DBA

Headnote:

1. When a candidate has scored in his papers 4, 6, 4 and 4 and thus failed with a total of awarded grades of 18, there is no legal basis under Article 12 REE to declare him as being successful (point 4 of the Reasons for the Decision).
2. The Disciplinary Board of Appeal is empowered to examine whether the examination procedure conformed to the relevant regulations and instructions but not to reconsider the entire examination procedure on its merits. Only alleged serious and obvious mistakes by the Examination Board can be considered under this heading. These mistakes must be, (a) "relevant" to the appealed decision, in the sense that the decision would have been different if the mistakes had not been made, and, (b) fundamental, in the sense that they can be verified by application of legal principles (point 5 of the Reasons for the Decision).

Relevant legal provisions:

Regulation on the European qualifying examination Art010(2)
Regulation on the European qualifying examination Art012(2)

Keywords:

Extent of power of investigation and decision of Disciplinary Board of Appeal

Catchwords:

Cited decisions:

Citing decisions:

D 0004/96

Source: http://www.epo.org/law-practice/case-law-appeals/recent/d920006ex1.html

Date retrieved: 17 May 2021