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Judgment No. 2325

Decision

1. The impugned decision is set aside only to the extent of ordering the Agency to pay to the complainant damages in the amount of 500 euros.
2. The Agency shall pay him 100 euros in costs.
3. All other claims are dismissed.

Consideration 6

Extract:

"[T]he delay of some 15 months between the selection of the successful candidate and the notification to the complainant thereof was unreasonably long. The Agency's argument to the effect that the complainant was implicitly aware of his non-selection because he knew that someone else had been placed on the post is not acceptable. It had the duty to inform the complainant in a timely manner of his non-appointment. The Agency has failed in its obligation to deal with the complainant in good faith and, while such failure can in no way affect the validity of the selection process itself, it does entitle the complainant to a nominal award of moral damages which the Tribunal fixes at 500 euros."

Keywords

moral injury; administrative delay; time limit; reasonable time; good faith; duty to inform; competition; candidate



 
Dernière mise à jour: 18.08.2020 ^ haut