2024-08-22 - CoA - Anonymisiert (vertr. Björn SOMMER) et al. - UPC_CoA_364/2024; UPC_CoA_393/2024

1. The catalogue of courses and certificates referred to in Rule 12.1(a) of the EPLC Rules is exhaustive. 2. It may remain undecided whether, in a case where a course listed in the catalogue of Rule 12.1(a) of the EPLC Rules and a course not listed there - differing only in title while having an unchanged curriculum and identical requirements for successful completion - can be considered as proof of an alternative qualification under Rule 12.1(a) of the EPLC Rules when only the successful completion of the latter course has been demonstrated, as, in the case-at-hand, it has not been demonstrated that the curriculum of the working groups previously conducted during the “Munich Year”, including the respective requirements for their successful completion, has been identical with that of the “Law for Patent Attorneys” (“Recht für Patentanwältinnen und Patentanwälte”) course of the FernUniversität in Hagen, which is listed in the catalogue of Rule 12.1(a) of the EPLC Rules.

In this order, the court of appeal rejected the application for a review of a registrar's decision regarding the registration as representative. The court clarified that the catalogue of qualifiying courses and certificates in rule 12.1(a) of the EPLC Rules is exhaustive.