d) Remittal and special reasons

If the DBA considers an appeal to be admissible and well-founded, it is in principle, in accordance with Art. 24(4), second sentence, REE, only authorised to set aside the contested decision and remit the matter to the Examination Board for a new decision. Only in very exceptional cases, where there are compelling reasons for non-remittal, is non-remittal justifiable (Art. 12 RPDBA). This is conceivable, for example, where the Examination Board lacks the discretion to award a grade (see e.g. D 3/14) or where the Examination Board's discretion to reassess a paper in the event of remittal is so marginal that the binding effect of a DBA decision would be ignored if the Examination Board were not to change the grade (see e.g. D 14/17). The appellant must provide full details of any such exceptional reasons (D 3/23 with reference to D 1/86). See also D 5/86; D 11/91 date: 1994-09-14, OJ 1995, 721; D 8/08 and D 9/08.