Judgment No. 2978

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 02.02.2011
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 4

Extract:

"[A]ccording to the Tribunal's case law, when the result of a competition is announced and, more broadly when [...] the Administration chooses between candidates, the duty to state the reasons for the choice does not mean that they must be notified at the same time as the decision (see Judgments 1787, under 5, and 2035, under 4). These reasons may be disclosed at a later date, for example in the context of appeal proceedings (see Judgments 1590, under 7, and 2194, under 7)."

Reference(s)

ILOAT Judgment(s): 1590, 1787, 2035, 2194

Keywords

decision; duty to substantiate decision; grounds; formal requirements; date of notification; appointment; competition; candidate; discretion

Consideration 6

Extract:

"[T]he mere fact that one of the candidates in a competition is temporarily holding the post to be filled does not render the procedure unlawful."

Keywords

provisional measures; competition; candidate; procedural flaw