2.2.1 Application of the EQE language rules

In D 1/94 (OJ 1996, 468) the board ruled that a translation error could constitute a violation of Art. 11(3) REE 1991 (cf. Art. 12(3) REE, R. 5 IPREE), since this provision assumed a totally correct translation into an EPO language from the official language of a contracting state selected by the candidate for his answers. In its decision, the Examination Board therefore had to give reasons why the translation errors had not been found to be serious.

In D 2/95 an argument that candidates whose mother tongue was not an EPO official language were at a disadvantage and should therefore be given more time did not convince the DBA that this amounted to an infringement of the relevant provisions. Similarly, in D 9/96 the appellant submitted that the linguistic regime of the REE contravened the principle of equal treatment of candidates. The board recalled that decisions of the Examination Board may in principle only be reviewed for the purpose of establishing that they do not infringe the REE, the provisions relating to its application or higher-ranking law (Art. 27(1) REE 1994; D 1/92, OJ 1993, 357; D 6/92, OJ 1993, 361). It conceded that not all candidates were treated equally since not all received examination papers in their mother tongue. However, this differentiation was a direct consequence of the linguistic regime of the EPC 1973. The official languages of the EPO were English, French and German (Art. 14(1) EPC 1973). Each professional representative was inevitably confronted with documents and notifications in one of those languages and thus had to be expected, in the public interest and the interest of their clients, to understand at least one of them and be able to work on documents and notifications drafted in it. See also D 11/00. In D 30/05 the board further drew attention to the option for candidates to submit their answers in an official language of a contracting state which is not an EPO official language (Art. 15(3) REE 1994; cf. Art. 12(3) REE, R. 5 IPREE).