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Open competition (300,-666)

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Keywords: Open competition
Total judgments found: 7

  • Judgment 2657


    103rd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."

    Reference(s)

    ILOAT Judgment(s): 933

    Keywords:

    appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;

    Consideration 5

    Extract:

    The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post. The Organisation submits that the Tribunal is not competent to hear complaints from external applicants for a post in an organisation that has recognised its jurisdiction. "However regrettable a decision declining jurisdiction may be, in that the complainant is liable to feel that he is the victim of a denial of justice, the Tribunal has no option but to confirm the well-established case law according to which it is a court of limited jurisdiction and 'bound to apply the mandatory provisions governing its competence', as stated in Judgment 67, delivered on 26 October 1962. [...]
    It [can be inferred from Article II of the Statute of the Tribunal] that persons who are applicants for a post in an international organisation but who have not been recruited are barred from access to the Tribunal. It is only in a case where, even in the absence of a contract signed by the parties, the commitments made by the two sides are equivalent to a contract that the Tribunal can decide to retain jurisdiction (see for example Judgment 339). According to Judgment 621, there must be 'an unquestioned and unqualified concordance of will on all terms of the relationship'. That is not the case, however, in the present circumstances: while proposals regarding an appointment were unquestionably made to the complainant, the defendant was not bound by them until it had established that the conditions governing appointments laid down in the regulations were met."

    Reference(s)

    ILOAT reference: Article II of the Statute of the Tribunal
    ILOAT Judgment(s): 67, 339, 621

    Keywords:

    appointment; candidate; case law; competence of tribunal; complaint; condition; consequence; contract; declaration of recognition; definition; exception; formal requirements; grounds; handicapped person; iloat statute; intention of parties; interpretation; medical examination; medical fitness; open competition; organisation; post; proposal; provision; refusal; terms of appointment; vested competence; written rule;



  • Judgment 1323


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The WHO appointed an external candidate to a position which the complainant had applied for. On the grounds of privilege the organization offered no evidence to the Board or the Tribunal of the external candidate's qualifications. "The Tribunal does not accept that the disclosure of a candidate's identity and qualifications may [...] inhibit the free expression of views by members of selection committees or prejudice the interests of other candidates. [...] The external candidate's qualifications were of essential importance to the Selection Committee in making its choice and to any appeal against the appointment made." No such documents may be withheld from the Tribunal.

    Keywords:

    candidate; complaint allowed; complaint allowed in part; confidential evidence; evidence; internal appeals body; internal candidate; open competition; selection board; submissions;



  • Judgment 1315


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."

    Keywords:

    appointment; bias; competition; competition cancelled; complaint allowed; decision quashed; flaw; good faith; misuse of authority; open competition; organisation's duties;



  • Judgment 1158


    72nd Session, 1992
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."

    Keywords:

    candidate; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; equal treatment; open competition; organisation's duties;



  • Judgment 564


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the board, made up of four staff members, included the chief of the bureau in which the vacancy was to be filled. "its composition was in line with the [...] rules on open competitions and was therefore correct in this instance since applications were invited [...] from outside candidates. [...] the elimination of all outside candidates in the course of the selection procedure did not change the competition into an internal one."

    Keywords:

    competition; composition; open competition; selection board;



  • Judgment 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."

    Keywords:

    appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;

    Considerations

    Extract:

    According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."

    Keywords:

    appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;

    Considerations

    Extract:

    "[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."

    Keywords:

    appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;



  • Judgment 107


    17th Session, 1967
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant "is not justified in criticising the conditions under which the competition was held. As he does not deny that his work was inferior to that of the candidate who was appointed, he cannot claim a preferential right as a serving official, since this exists only where qualifications are equal."

    Keywords:

    competition; condition; internal candidate; open competition; priority;


 
Last updated: 19.09.2019 ^ top