Judgment No. 4061
The complaint is dismissed.
The complainant challenges the decisions not to cancel the appointment of an external candidate following a recruitment procedure and not to organise a new procedure open to internal candidates only.
competition; selection procedure
The Tribunal has consistently held that a staff memberís right to challenge the appointment of another staff member to a particular post is not contingent on whether she or he had a relatively good chance of being the successful candidate (see Judgment 2832, under 8, and the cited cases). However, the same case law also establishes that the individual concerned must be eligible to occupy the post, otherwise it could not be said that the individual was legally affected by the disputed appointment. As the complainant was not eligible to apply for appointment to the post at the relevant time, his complaint does not disclose a cause of action and must be dismissed.
ILOAT Judgment(s): 2832
no cause of action; appointment; competition