D 0054/21 of 25.04.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:D005421.20220425
- Date of decision
- 25 April 2022
- Case number
- D 0054/21
- Petition for review of
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- Language of proceedings
- English
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- No distribution (D)
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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
(i) the unequal treatment caused by the erroneous examination paper (mark-up error),
(ii) the double penalty as set out in the reasons above 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) and (4) IPREE accordingly.
3. The appeal fee is to be reimbursed in full.