Judgment No. 1016

• Organization: European Patent Organisation (EPO)
• Date: 26.06.1990
• Original: French
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

In the matter of promotion two principles emerge from the case law: "one is that [the Tribunal] will neither substitute its own assessment of an official's performance for the President's nor review the merits of candidates for promotion. The other is that since the grant of promotion is and must remain at the president's discretion, the mere fact that an official may qualify for it under the rules does not confer on him any enforceable right to it."

Keywords

promotion; work appraisal; judicial review; discretion; condition

Consideration 3

Extract:

"Under the guidelines [the President] has issued the promotion boards are free to apply other criteria such as age for the purpose of assessing fitness for promotion."

Keywords

promotion; promotion board; criteria