Judgment No. 1463
THE COMPLAINT IS DISMISSED.
"Several judgments say that a decision on a staff report, being a discretionary one, may be set aside only on limited grounds such as a mistake of fact or of law or failure to take account of some material fact: see [...] Judgments 724 [...], 806 [...] and 1144 [...]."
Jugement(s) TAOIT: 724, 806, 1144
case law; performance report; judicial review; discretion; disregard of essential fact; mistake of fact
[T]he appointing authority is bound - patere legem quam ipse fecisti - to abide by the rules that it has itself issued and that have the force of law. So any breach of them will constitute a fatal flaw in the impugned decision.
general principle; patere legem