D 0008/96 (Borderline case) of 18.07.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:D000896.19970718
- Date of decision
- 18 July 1997
- Case number
- D 0008/96
- 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
Borderline case assessments of candidates' fitness to practise as professional representatives before the European Patent Office are not possible under the 1994 Regulation on the European Qualifying Examination, REE 1994, and its implementing provisions, IP 1994. Article 17(1) REE 1994 is exhaustive. In accordance with this a candidate must pass each examination paper in order to pass the European qualifying examination as a whole. The only exception is laid down in Rule 10 IP 1994, which by virtue of Article 17(1) REE 1994 is also exhaustive and applicable only to candidates who sit the examination for the first time.
- Relevant legal provisions
- IP 1994 R 003IP 1994 R 010Regulation on the European qualifying examination Art 17(1)Regulation on the European qualifying examination Art 7(3)
- Keywords
- Proceedings before the Disciplinary Board of Appeal - admissibility - party adversely affected
European qualifiying examination for professional representatives - borderline case - 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:
The appeal is rejected.