2.2.3 Mark-up error and missing question

Several appeals (e.g. D 8/21, D 18/21, D 28/21, D 37/21, D 42/21 and D 54/21) concerned a mark-up error in the English and German version of Paper B of the 2021 EQE. One of the features was erroneously not in bold to reflect a change made by the client. This error did not appear in the French version. According to the DBA, candidates writing the French and English or German version had to write Paper B under different conditions. These different conditions amounted to unequal treatment deserving compensation.

The background to several appeals (D 10/97, D 15/97, D 17/97 and D 5/97) was that some (but not all) copies of Paper D did not contain Question 11 and that the Examination Board automatically gave all candidates full marks for that question. The DBA reaffirmed D 14/95, which had stated that equal treatment did not have to be absolute, provided that the nature and extent of any unequal treatment was justifiable in the circumstances. It would be wrong in law, however, if the examination conditions put certain candidates at a disadvantage for no good reason. The Examination Board had compensated the affected candidates in a way which appeared entirely appropriate. This necessarily involved a certain unequal treatment, which however was limited in its extent and acceptable in this special situation. In particular, it ensured that no candidate was worse off than if their answer had been marked objectively. The way in which the Examination Board had corrected the error did not constitute unlawfully unequal treatment.