D 0001/93 of 23.09.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:D000193.19930923
- Date of decision
- 23 September 1993
- Case number
- D 0001/93
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- 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
1. The aim of the qualifying examination is to determine whether the candidate is "fit to practise before the EPO". Therefore, Article 12(3) REE should be interpreted so as to leave the Examination Board the possibility of deciding whether in borderline cases the candidate is "fit to practise", although he failed one paper at the resit."
2.The Disciplinary Board of Appeal may remit a case to the Examination Board with the order to deliver a reasoned decision based on the principles expounded by the Disciplinary Board of Appeal. The appellant's legitimate interest in having his case decided as promptly as possible may, however, make it necessary for the Disciplinary Board of Appeal to decide the case itself.
- Relevant legal provisions
- Regulation on the European qualifying examination Art 12
- Keywords
- Fit to practise
- Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The appellant is declared as having passed the European qualifying examination in 1992.
3. The reimbursement of the appeal fee is ordered.