Judgment No. 1595
1. The Director General's decision of 3 March 1995 is set aside insofar as it rejects the complainant's claim to reversal of the decision appointing Mr. A. R. as the head of the Translation and Interpretation Division.
2. The procedure for appointment to the post is cancelled and the case sent back to Eurocontrol so that it may make an appointment to the post by due process.
3. Eurocontrol shall pay the complainant 100,000 Belgian francs in costs.
4. Her other claims are dismissed.
The Tribunal "may not replace the Organisation's assessment of the applicants with its own and order any particular appointment. So the complaint is irreceivable insofar as the complainant is claiming reinstatement in her former duties and permanent appointment to the post."
claim; complaint allowed; complaint allowed in part; receivability of the complaint; competence of tribunal; decision quashed; appointment; judicial review; discretion
"Though the qualifications stated in a notice of vacancy are not absolutely binding and the Director General may still exercise some discretion, he may not so utterly discard them as to flout the rules that ensure the proper openness and objectivity of the competition."
complaint allowed; complaint allowed in part; decision quashed; appointment; competition; vacancy notice; discretion; executive head; limits; flaw; criteria
"Even if she were unqualified for the post the complainant would not forfeit her right to challenge the appointment."
complaint allowed; complaint allowed in part; receivability of the complaint; cause of action; decision quashed; competition; internal candidate; vacancy notice; condition