Judgment No. 1990

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 12.07.2000
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

"The basic rules to be respected [in a competition] include the right of all applicants to equal treatment. The organisation may make no distinction between candidates on the basis of criteria - language, for example - which are not referred to in the entry requirements (see Judgment 1158, [...] under 4 et seq)."

Reference(s)

ILOAT Judgment(s): 1158

Keywords

due process; equal treatment; competition; candidate; qualifications; knowledge of languages; criteria

Consideration 7

Extract:

"In the competition, the English-speaking and French-speaking candidates were not in the same situation, so criteria were needed that took account of the differences. The matter becomes more complex if account is taken of candidates whose mother tongue is neither English nor French. [...] Since one of the requirements of the competition - and the post in question - was a good knowledge of the two main working languages, it was not unfair to provide for tests in one language only and apply an adequate correction factor to all candidates who were non-English-speaking. Such a solution redresses the balance and goes some way to ensuring equality between the candidates. Provided that it really is adequate, a correction factor does not impair the right to equal treatment."

Keywords

equal treatment; competition; candidate; qualifications; knowledge of languages; compensatory measure; criteria; difference; safeguard