Judgment No. 1359

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 13.07.1994
• Original: French
• Judges: Gentot, Pescatore, Douglas
• Full judgment text - Full judgment text (french)

Decision

1. THE TRIBUNAL SETS ASIDE BOTH THE DECISION OF 4 JUNE 1993 CONFIRMING THE REJECTION OF THE COMPLAINANT'S APPLICATION FOR THE POST ANNOUNCED IN VACANCY NOTICE/NOTICE OF COMPETITION LX-92-AO/143 AND THE APPOINTMENT OF MR. MICHEL PISTRE TO THE POST.
2. THE CASE IS SENT BACK TO EUROCONTROL.
3. EUROCONTROL SHALL PAY THE COMPLAINANT 100,000 BELGIAN FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 7

Extract:

"The complainant qualified under the wording of the notice and was entitled as a eurocontrol official to have his application considered and assessed by a process that complied with the rules. [...] It was not, and the breach of his rightful interest affords grounds for this complaint."

Keywords

procedure before the tribunal; receivability of the complaint; cause of action; staff member's interest; staff regulations and rules; competition; candidate; internal candidate; vacancy notice; procedural flaw

Consideration 12

Extract:

One consistent requirement the regulations lay down for filling posts "is the appointment of a selection board that may consider all applicants [...] who qualify under one and the same notice of vacancy. As was said in Judgment 1223, that formal requirement affords every applicant a basic safeguard of open and objective decision-making, and it holds good whether the applicant wants promotion, transfer or a change of category."

Reference(s)

ILOAT Judgment(s): 1223

Keywords

procedure before the tribunal; case law; organisation's duties; staff regulations and rules; transfer; promotion; appointment; competition; candidate; selection board; vacancy notice; safeguard