Judgment No. 598
1. THE IMPUGNED DECISION IS QUASHED AS SET OUT ABOVE. THE COMPLAINANT IS REFERRED BACK TO THE PRESIDENT OF THE OFFICE FOR REVIEW OF THE RECKONING OF HIS PROFESSIONAL EXPERIENCE FOR THE PURPOSES OF SENIORITY AND PROMOTION.
2. THE EPO SHALL PAY HIM DM 2,500 AS COSTS.
"Military and technical co-operation service cannot be assimilated. [...] When the council decided to discount military service in reckoning professional experience, it meant and indeed could only mean military service as such. The President therefore erred in law in founding his decision on an assimilation of military and technical co-operation service."
professional experience; reckoning; cooperation service; military service; flaw; difference
By assimilating military and technical co-operation, the President erred in law. "The error of law does not mean that the Tribunal gives the complainant full satisfaction. Not every form of co-operation service necessarily has to count. Subject to review by the Tribunal, the President is free to exercise his discretion, having regard to the [relevant] guidelines."
professional experience; reckoning; seniority; cooperation service; discretion
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
general decision; competence of tribunal; administrative instruction; staff regulations and rules; amendment to the rules; enforcement; discretion; executive head; executive body; binding character