Judgment No. 1789

• Organization: European Southern Observatory (ESO)
• Date: 28.01.1999
• Original: Français
• Judges: Ba, Gentot, Egli
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. The Director General's decision of 2 June 1997 is set aside.
2. The Observatory shall pay the complainant 3,000 German marks in material and moral damages.
3. It shall pay him 10,000 French francs in costs.

Consideration 8

Extract:

"[The Organisation] rejected [the complainant's application] on the grounds that he was overqualified [for the job put up for competition]. Such grounds are wrong in law. Yet they are the only ones on which the [organisation] rejected the complainant, purporting to act under R II 1.03 [of the Staff Regulations]. It thereby denied the complainant his right to apply and to have his application properly considered. There was breach of equal treatment."

Reference(s)

Organization rules reference: ARTICLE R II 1.03 OF THE STAFF REGULATIONS

Keywords

procedure before the tribunal; grounds; equal treatment; staff regulations and rules; breach; competition; candidate; discretion; flaw; criteria; right