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Judgment No. 304

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

"The decision not to promote [...] falls within the Director-General's discretionary authority. Hence the Tribunal will interfere with that decision only if [...]."

Keywords

promotion; judicial review; discretion; executive head; refusal

Consideration 5

Extract:

"It is for the [competent] committees and for the Director-General to adapt the conditions of promotion to the [organisation's] requirements. Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the Staff Regulations]."

Keywords

competence; equal treatment; amendment to the rules; promotion; promotion board; executive head; organisation's interest; criteria



 
Last updated: 08.04.2020 ^ top