2.2. Examination conditions – principle of equal treatment

It is established case law of the DBA that equal treatment of candidates is an issue which may be the subject of appeals under Art. 24(1) REE (see e.g. D 8/21, reported in this chapter V.C.2.2.3). The principle of equal treatment requires that candidates take part in the examination under equal conditions. Consequently, unequal conditions which may cause unjustified disadvantages for candidates should be compensated for, to the extent feasible (see e.g. D 29/21, also reported in this chapter V.C.2.2.3). However, only candidates who have in fact been treated unequally to their disadvantage in comparison to other candidates can invoke unequal treatment (D 37/22).