D 0006/92 (Powers of Examination and Disciplinary Board) of 13.05.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:D000692.19920513
- Date of decision
- 13 May 1992
- Case number
- D 0006/92
- 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
1. When a candidate has scored in his papers 4, 6, 4 and 4 and thus failed with a total of awarded grades of 18, there is no legal basis under Article 12 REE to declare him as being successful (point 4 of the Reasons for the Decision).
2. The Disciplinary Board of Appeal is empowered to examine whether the examination procedure conformed to the relevant regulations and instructions but not to reconsider the entire examination procedure on its merits. Only alleged serious and obvious mistakes by the Examination Board can be considered under this heading. These mistakes must be, (a) "relevant" to the appealed decision, in the sense that the decision would have been different if the mistakes had not been made, and, (b) fundamental, in the sense that they can be verified by application of legal principles (point 5 of the Reasons for the Decision).
- Relevant legal provisions
- Regulation on the European qualifying examination Art 10(2)Regulation on the European qualifying examination Art 12(2)
- Keywords
- Extent of power of investigation and decision of Disciplinary Board of Appeal
- Catchword
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- Cited cases
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- Citing cases
- D 0004/96
ORDER
For these reasons, it is decided that:
1. The appeal against the decision of the Examination Board for the European Qualifying Examination of the EPO dated 11 October 1991 is dismissed.