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Judgment No. 2921


1. The President's decision of 23 October 2007 to reject the internal appeal is set aside to the extent that it rejected the request for revocation of Mr W.'s appointment.
2. The decision to appoint Mr W. as Director of the Practice and Procedure Directorate with effect from 1 May 2005 is set aside. The EPO is to protect Mr W. from any injury that he might suffer due to the setting aside of an appointment he accepted in good faith.
3. The EPO shall pay to the complainants jointly costs in the total amount of 1,000 euros.
4. All other claims are dismissed.

Consideration 7


"In addition to the absence of a closing date, the vacancy notice contained no information regarding the main duties of the position, the required qualifications, or an invitation to interested applicants to apply. This is the same issue that arose in Judgment 2920 [...]. In that judgment, the Tribunal observed: 'The underlying rationale for the publication of the vacancy notice is to permit qualified staff members to make an informed decision as to whether they should submit an application to be considered for the vacant post and to foster a policy consistent with [...] the Service Regulations. Although there are no set content requirements for a vacancy notice, it cannot be said that the notice [...] in the present case provided even the minimum information that a staff member would require to reach an informed decision.' "


ILOAT Judgment(s): 2920


formal requirements; organisation's duties; staff member's interest; vacancy; vacancy notice; publication

Last updated: 29.07.2010 ^ top