Judgment No. 4069
1. The impugned decision, contained in the letter dated 29 June 2016, is set aside, as are the original decisions to appoint Mr D. and Mr A. to the subject posts.
2. The OPCW shall ensure that Mr D. and Mr A. are shielded from any injury that may flow from the setting aside of the impugned decision and of their appointments which they accepted in good faith.
3. The OPCW shall pay the complainant moral damages in the amount of 4,000 euros.
4. The OPCW shall pay the complainant costs in the amount of 5,000 euros.
5. All other claims are dismissed.
The complainant contests the direct appointment of Mr D. and Mr A. to two D-2 level posts.
appointment without competition
The complainant seeks an award of “actual damages, with full retroactivity, all additional salary, benefits, entitlements, including step increases and pension contributions, and any other emoluments he would have received had he been selected for either of said posts and been promoted to grade D2, from 8 July 2014 (the date of the first irregular direct appointment) through his statutory date of [...] retirement”. There is no basis for such an award which, in effect, would be material damages. Such an award cannot be made on a mere expectation that his application for either post might have been successful. However, he is entitled to 4,000 euros in moral damages for the violation of his right to compete for the posts.
selection procedure; moral damages; material damages