Judgment No. 3404

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 11.02.2015
• Original: French
• Judges: Rouiller, Ba, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed, as are the applications to intervene.

Summary

The Tribunal found that the complainant had not proved that his lack of promotion in 2012 undermined his prospect of advancement within Eurocontrol.

Judgment keywords

Keywords

promotion; complaint dismissed

Consideration 17

Extract:

As the Tribunal has consistently held, the principle of equal treatment applies only to officials in a similar situation in fact and in law.

Keywords

equal treatment

Consideration 8

Extract:

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).

Reference(s)

ILOAT Judgment(s): 526, 3279, 3280

Keywords

promotion; judicial review; discretion