D 0002/80 (none) of 08.12.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:D000280.19811208
- Date of decision
- 8 December 1981
- Case number
- D 0002/80
- Online on
- 11 December 1981
- Petition for review of
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- Application number
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- Language of proceedings
- German
- Distribution
- No distribution (D)
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- Decision in English
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- Headnote
1. According to point 6 of the Instructions given to candidates before the start of the examination, complaints as to the conduct of the Qualifying Examination for professional representatives before the EPO may only be made in a certain form and within a certain time limit. Any complaints not satisfying these conditions cannot be given con- sideration by either the Examination Board or the Board of Appeal.
2. After the examination the candidate is entitled to inspect his examination file. As long as he is denied this opportunity, he is not in a position to furnish complete and appropriate grounds for his appeal. As a result, rectification by the Examination Board under Article 23(3) of the Examination Regulation is in effect excluded. The normal course of the procedure is thus interrupted. Under these circumstances, the case has to be remitted to the first instance for a fresh decision.
- Relevant legal provisions
- Regulation on the European qualifying examination Art 23(3)
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- without keywords
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ORDER
For these reasons, it is decided that:
Because they were submitted late, the objections relating to the organisation of the examination are inadmissible. To this extent, the appeal is dismissed. That apart, the decision of the Examination Board relating to the appellant's performance in the Qualifying Examination is set aside and the case is remitted to the Examination Board for a fresh, decision.