Judgment No. 1600
1. The Organisation shall pay each of the complainants 3,500 German marks in damages.
2. It shall pay each of them 1,000 marks in costs.
3. Their other claims are dismissed.
"If a decision to promote is taken against the Board's advice and on the basis of considerations other than ability and the record of performance, as prescribed in Article 49(7) of the Service Regulations, then fairness and impartiality can no longer be ensured. The reasons given for the impugned decisions are inappropriate for the promotion procedure established by Article 49 and amount to denial of the equal treatment the complainants were entitled to."
Organization rules reference: ARTICLE 49(7) OF THE EPO SERVICE REGULATIONS
complaint allowed; complaint allowed in part; personal file; equal treatment; staff member's interest; staff regulations and rules; promotion; promotion board; performance report; qualifications; criteria; safeguard