Under Art. 24(1) REE (cf. Art. 27(1) REE 1994), an appeal lies from decisions of the Examination Board and the Secretariat only on grounds of infringement of the Regulation or of any provision relating to its application.

However, the board of appeal has only very limited scope for reviewing the legal validity of implementing provisions drawn up by the Administrative Council or, in the case of delegation, by the relevant subsidiary body.

Art. 6(2)(c) REE requires the Examination Board to give the members of the examination committees instructions for marking candidates' answers consistently (cf. Art. 16 REE 1994). Under Art. 8(1)(d) and (e) REE, the examination committees mark the answer papers, each paper being marked by two committee members (examiners) separately (cf. Art. 8(b) REE 1994).