Judgment No. 2980
- Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
- Date: 02.02.2011
- Original: English
- Judges: Gaudron, Barbagallo, Hansen
- Full judgment text - Full judgment text (french)
1. The impugned decision is set aside.
2. The Commission shall pay the complainant an amount equivalent to nine months' salary, allowances and other benefits based on the amount that she would have earned had her appointment been extended for nine months from 29 November 2007.
3. It shall pay her 10,000 euros in moral damages.
4. It shall also pay her 6,000 euros in costs.
5. All other claims are dismissed.
Competition considered procedurally flawed because candidates were added to the shortlist after the evaluation process had begun.
"[T]he Tribunal rules on the basis of the specific claims against an administrative decision in a particular complaint, which means that if an alleged flaw is found not to have existed, that is not to say that the administrative decision was lawful and that no flaw exists which could be contested in a new complaint within the established time limits."
complaint; claim; decision; res judicata; competence of tribunal; right of appeal; flaw
"To add candidates to a shortlist after the evaluation process has begun does not comply with the mandatory fairness and transparency of the recruitment process, and could have a prejudicial effect on the outcome of the process as every evaluation is conditioned by the quantity and quality of candidates to be evaluated. It could also have the effect of appearing to have been done to satisfy improper interests, regardless of whether or not one of the candidates added at a later date eventually succeeds."
equal treatment; competition; candidate; formal flaw; procedural flaw