D 0010/02 (European qualifying examination) of 11.11.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:D001002.20021111
- Date of decision
- 11 November 2002
- Case number
- D 0010/02
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in German
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
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- Headnote
One of the fundamental principles of a fair procedure is legal certainty, ie the right of parties to a procedure to know its basic rules in advance. The appointment of a third examiner without any basis in the REE or its implementing provisions must be deemed a substantial procedural violation.
- Relevant legal provisions
- Regulation on the European qualifying examination Art 4Regulation on the European qualifying examination Art 7Regulation on the European qualifying examination Art 8Regulation on the European qualifying examination R 4 Ausführungsbestimmungen
- Keywords
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- Catchword
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- Cited cases
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- Citing cases
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ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The request that the appellant be declared to have passed the 2001 European qualifying examination is rejected.
3. The case is referred back to the Examination Board with the instruction to take a decision pursuant to Article 7(3) REE on the basis of the marking of the two original examiners for Paper A 2001.
4. The appeal fee is reimbursed.
5. The request for reimbursement of an enrolment fee is rejected.