Judgment No. 1316
Decision
1. THE DECISION OF 24 NOVEMBER 1992 BY THE PRESIDENT OF THE EUROPEAN PATENT ORGANISATION IS QUASHED.
2. THE ORGANISATION SHALL PAY THE COMPLAINANT 1,000 GERMAN MARKS IN MORAL DAMAGES.
3. IT SHALL PAY HIM 2,000 GERMAN MARKS IN COSTS.
Consideration 4
Extract:
The EPO submits that unless the complainant shows that he had a genuine chance of gaining appointment to a post put up for competition he may not challenge the appointment procedure. It therefore alleges that the decision he is impugning has caused him no injury. "The plea is mistaken. The material question is whether the complainant's rights as a candidate for the post were infringed. [...] The EPO included the complainant in the list of applicants eligible for consideration by the Selection Board and thereby accepted his candidature. So it may not now contend that he had no interest in the outcome of the procedure and has no right to challenge it."
Keywords
decision; cause of action; organisation's duties; competition; candidate; competition cancelled; selection board
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