In D 3/03
the board of appeal confirmed its case law (D 12/97
, OJ 1999, 566), whereby the REE 1994 neither required EQE decisions to be reasoned nor made reference to R. 68(2) EPC 1973
(cf. now R. 111(2) EPC
), which therefore did not apply. The Guidelines for Examination were likewise not applicable for the same reasons. The REE and its Implementing provisions were lex specialis for the EPC. In other words, unless they expressly referred to the EPC, then only they and not the EPC applied. The subsidiary nature of these provisions was justified by the fact that they governed a particular matter unrelated to the EPC stricto sensu, since their purpose was to establish whether a candidate was considered fit to practise as a professional representative before the EPO. With regard to the review by the courts of decisions concerning the European qualifying examination for professional representatives before the EPO, the Federal German Constitutional Court had also held that the obligation to give reasons for examination decisions cannot be regarded as an expression of the structural elements of any protection of basic rights intended by the Basic Law (see decision 2 BvR 2368/99 of 4 April 2001).