Judgment No. 3182
1. The impugned decision is set aside and the disputed appointment is cancelled.
2. The ILO shall shield Mr O. from any injury which may result from the cancellation of his appointment, which he has accepted in good faith.
3. The case is remitted to the Director-General for a new decision in accordance with the considerations of the judgment.
4. The Organization shall pay the complainant moral damages in the amount of 5,000 euros.
5. It shall also pay her costs in the amount of 700 euros.
6. All other claims are dismissed.
The complainant successfully challenges the decision not to appoint her to a position for which she applied, although she ranked first in the technical evaluation.
complaint allowed; recommendation; appointment; flaw; mistaken conclusion; selection procedure