Judgment No. 3421
1. The impugned decision is set aside, as is the appointment which was made at the end of the competition.
2. The competition procedure shall be resumed at the stage at which it became flawed.
3. WIPO shall pay the complainant 3,000 Swiss francs in compensation for moral injury.
4. It shall also pay him costs in the amount of 2,000 francs.
5. All other claims are dismissed.
6. The person who was appointed at the end of the competition shall be shielded from any injury.
The complainant successfully challenges the rejection of his application in a selection process.
selection board; flaw
The complaint form was filed within the time limit prescribed by Article VII, paragraph 2, of the Statute of the Tribunal, albeit without the brief and supporting evidence which, according to Article 6, paragraph 1(b) and (c), of the Rules of the Tribunal, had to be appended to it. Contrary to WIPOís submissions, this does not signify that the complaint was submitted out of time, since Article 6, paragraph 2, in conjunction with Article 14, if appropriate, affords the complainant the possibility of correcting a complaint that does not meet the requirements of the Rules. In the instant case, the complaint was corrected [...] within the time limit allocated for that purpose (see also Judgment 3225, under 5).
ILOAT reference: Article VII, paragraph 2, of the Statute; Article 6, paragraph 1(b) and (c), of the Rules
ILOAT Judgment(s): 3225
correction of complaint
Consideration 2(a) and (b)
[A]s the claim to an award of costs relates only to the complainantís representation in the proceedings before the Tribunal, it could not be entered during the internal appeal procedure (see Judgment 2457, under 4 in fine). It is therefore receivable, as is the request for disclosure of the competition file, which is not in the nature of a claim, but concerns discovery of evidence.
Some of the complainantís submissions, which WIPO invites the Tribunal to disregard on the grounds that they were not put forward during the internal appeal procedure, are receivable, since they are merely new pleas which the complainant is perfectly entitled to enter in the proceedings before the Tribunal in support of his claims, provided that these claims fall within the scope of those which were made during the internal appeal procedure (see, in particular, Judgment 1519, under 14).
ILOAT Judgment(s): 1519, 2457
[T]he Tribunal must [...] point out that, in the absence of a present cause of action, the claim to a refund by the defendant organisation of any national tax which might be paid on the sums possibly awarded under this judgment is not receivable (see, in particular, Judgment 3097, under 9).
ILOAT Judgment(s): 3097