Judgment No. 1789
1. The Director General's decision of 2 June 1997 is set aside.
2. The Observatory shall pay the complainant 3,000 German marks in material and moral damages.
3. It shall pay him 10,000 French francs in costs.
"[The Organisation] rejected [the complainant's application] on the grounds that he was overqualified [for the job put up for competition]. Such grounds are wrong in law. Yet they are the only ones on which the [organisation] rejected the complainant, purporting to act under R II 1.03 [of the Staff Regulations]. It thereby denied the complainant his right to apply and to have his application properly considered. There was breach of equal treatment."
Organization rules reference: ARTICLE R II 1.03 OF THE STAFF REGULATIONS
procedure before the tribunal; complaint allowed; grounds; equal treatment; staff regulations and rules; breach; competition; candidate; rejected permanently; discretion; flaw; criteria; right