Judgment No. 1412

• Organization: European Organization for Nuclear Research (CERN)
• Date: 01.02.1995
• Original: French
• Judges: Gentot, Pescatore, Douglas
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

The complainant alleges that the procedure that led to his assignment on a career path was flawed inasmuch as the official who sign the decision, the Director-General, was also at the material time leader of the division that the complainant was working in. "It may be a pity that at two decisive stages in the procedure one and the same person was called upon to choose the complainant's career path; but the coincidence was due to a duplication of function which in itself was not wrong. Only if the Director-General's decision proved not to be impartial and objective would it be set aside."

Keywords

procedure before the tribunal; career; assignment; judicial review; flaw; bias

Consideration 12

Extract:

The complainant may not, "in the context of a challenge to the choice of career path, object to earlier delays which he believes held up his advancement. Nor has he any grounds for saying that putting him on path V may 'discourage' him: CERN's evident purpose in making such ambitious reforms is to act in the general interest and try to ensure equal treatment for all its staff."

Keywords

procedure before the tribunal; delay; equal treatment; staff member's interest; career; assignment; promotion; organisation's interest