Judgment No. 1564
Decision
The complaint is dismissed.
Consideration 8
Extract:
"The firm case law has it that the Tribunal will not interfere with the comparison of entrants in a competition. Only when it appears that the choice of candidate may rest on some mistake of fact or law or there may have been misuse of authority will the Tribunal order the production of evidence so that it may review such comparison and will the complainant be entitled to see such evidence. In the instant case the review of the selection procedure reveals neither a breach of the Organization's Staff Regulations or other rules, nor any mistake of fact or law, nor misuse of authority."
Keywords
confidential evidence; disclosure of evidence; case law; due process; staff regulations and rules; competition; candidate; judicial review; discretion; limits; mistake of fact; misuse of authority; abuse of power
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