Judgment No. 1865
The complaint is dismissed.
Considerations 7 and 10
"Article 46(5) of the Service Regulations states that 'for a period of two years from the date on which assignment to reserve status takes effect a permanent employee shall have priority for reinstatement in any post corresponding to his grade which may fall vacant or be created, provided that he possesses the necessary qualifications and ability.' The obligation of [the organisation] is not to reinstate the official who has been assigned to reserve status, but to make all the necessary efforts for his reinstatement. In other words, it is not an obligation as to the outcome, but as to the means employed to achieve the outcome."
Organization rules reference: ARTICLE 46(5) OF THE EPO SERVICE REGULATIONS
organisation's duties; staff regulations and rules; vacancy; creation of post; qualifications; reinstatement; priority; condition; criteria