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D 4/16 - "A representative" vs. "Der Vertreter"


This appeal lies from the decision of the Examination Board of 31 March 2016 awarding the appellant the grade "FAIL" in the pre-examination for the European qualifying examination 2016, her answer paper having been awarded 69 marks.

According to the Examiner's report, the candidate had an incorrect answer to statement 5.4.

Statement 5.4 relates to representatives dealing with international applications. At issue here is whether the statement is restricted to the specific context of the statement (involving a representative called Hassan), or relates to representatives dealing with international applications in general. See also the discussion of candidates on our EQE blog here.

A further ambiguity is than in statement 5.4, the expression "a representative" was translated differently in the English and German versions, namely to "der Vertreter".