Judgment No. 2173

• Organization: European Organization for Nuclear Research (CERN)
• Date: 03.02.2003
• Original: French
• Judges: Gentot, Ba, Hugessen
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

The complainant wants to be promoted to the "exceptional advancement grade" of his career path. "Although the complainant's competence and standard of work were acknowledged and his appraisal reports were consistently good, those responsible in his division and sector did not see fit to propose him for exceptional advancement, which is granted to very few. Such promotion being discretionary, the organization may refuse it without incurring censure unless the refusal was based on mistakes of fact or of law [...] or on an abuse of authority [...] or unless essential facts were overlooked or blatantly wrong conclusions drawn from the evidence."

Keywords

promotion; performance report; satisfactory service; judicial review; discretion