D 0029/21 vom 28.02.2022

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the Examination Board with the following order:

a, the Examination Board is instructed to determine the applicable compensation for the answer paper of the appellant for the Paper B of the European qualifying examination 2021 in respect of the unequal treatment caused by (i) the erroneous examination paper and additionally the applicable compensation caused by (ii) the differences in the editing functions available to the candidates depending on the used operating system, and

b, to instruct the competent Examination Committee to perform a re-marking of the appellant's answer paper for the Paper B, also taking into account the determined compensation, and

c, to award a grade to the answer paper under Rule 6(3) IPREE accordingly.

3. The appeal fee is to be reimbursed in full.