Judgment No. 304
THE COMPLAINT IS DISMISSED.
"The decision not to promote [...] falls within the Director-General's discretionary authority. Hence the Tribunal will interfere with that decision only if [...]."
promotion; judicial review; discretion; executive head; refusal
"It is for the [competent] committees and for the Director-General to adapt the conditions of promotion to the [organisation's] requirements. Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the Staff Regulations]."
competence; equal treatment; amendment to the rules; promotion; promotion board; executive head; organisation's interest; criteria