Judgment No. 3283
The complaint is dismissed in its entirety.
The complainant challenged the decision not to promote him earlier to grade A3.
promotion; discretion; condition; complaint dismissed
"It is clear that Section III.C of Circular No. 271 supports rather than detracts from the principle of equal treatment for all persons once they are recruited or promoted to a category A post. The basic requirement is that once recruited to that category, all persons, whether recruited externally with no prior EPO experience, or promoted internally, with prior EPO experience, no past EPO category B or C experience will be taken into account for subsequent promotion within category. All persons who are within any specific A category are placed on an equal seniority footing. Their promotion will be determined by the relevant years of experience within the specific category and their career path, average or rapid, and their performance as reflected in their appraisal reports. It will also depend upon the existence of a vacant post, and in accordance with other criteria that are specified, for example in Article 49(1) of the Service Regulations of the EPO. In the end, promotion is to be “by selection” on a competitive basis and within the discretion of the President on the recommendation of the Promotion Board."
Organization rules reference: Section III.C of Circular No. 271; Article 49(1) of the Service Regulations
equal treatment; staff regulations and rules; promotion