Judgment No. 3404
The complaint is dismissed, as are the applications to intervene.
The Tribunal found that the complainant had not proved that his lack of promotion in 2012 undermined his prospect of advancement within Eurocontrol.
promotion; complaint dismissed
As the Tribunal has consistently held, the principle of equal treatment applies only to officials in a similar situation in fact and in law.
The Tribunal holds that, while every official should have some prospect of advancement within an organisation and may therefore legitimately hope to move up to a higher position one day, there is no automatic right to promotion. This right is limited, on the one hand, by the official’s seniority, qualifications, skills and performance and, on the other, by the Organisation’s administrative structure and budgetary resources (see Judgments 526, under 4, 3279, under 11, and 3280, under 7, and the case law cited therein).
ILOAT Judgment(s): 526, 3279, 3280
promotion; judicial review; discretion