Judgment No. 1315
1. THE DECISION OF 12 OCTOBER 1992 BY THE PRESIDENT OF THE EUROPEAN PATENT OFFICE IS QUASHED.
2. THE APPOINTMENT OF MR. LUDWIG KIRST TO THE POST OF LAWYER IN DIRECTORATE 5.1.3 AS FROM 19 AUGUST 1991 IS QUASHED.
3. IN CONSEQUENCE THE APPOINTMENT OF MR. KIRST TO THE POST OF DATA PROTECTION OFFICER AS FROM 1 JULY 1992 IS DECLARED INVALID.
4. THE ORGANISATION SHALL PAY THE COMPLAINANT 2,000 GERMAN MARKS IN COSTS.
Vide Judgments 1147, consideration 4, and 1269, consideration 13.
Jugement(s) TAOIT: 1147, 1269
complaint allowed; locus standi; right of appeal; decision quashed; case law; iloat statute; staff regulations and rules; collective rights; staff union; staff representative
The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."
complaint allowed; decision quashed; good faith; organisation's duties; appointment; competition; competition cancelled; open competition; flaw; misuse of authority; bias