Judgment No. 352

• Organization: International Patent Institute (IPI)
• Date: 13.11.1978
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"In exercising his authority the Director-General is not bound by the recommendations of the advisory bodies. He is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. The bodies which advise the Director-General therefore enjoy just as much freedom as he to assess the official's performance. [...] It is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]."

Keywords

advisory body; work appraisal; performance report; rating; supervisor; discretion; executive head; advisory opinion; binding character

Consideration 3

Extract:

"The impugned decision, which relates to the assessment of an official's performance, is of a discretionary nature. Hence the Tribunal may quash it only if [...]."

Keywords

work appraisal; rating; judicial review; discretion