Judgment No. 4472

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 27.01.2022
• Original: French
• Judges: Frydman, Jaumotte, Gascon
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant impugns the decision to appoint an official to his former post.

Judgment keywords

Keywords

transfer; appointment; selection procedure; complaint dismissed

Consideration 6

Extract:

[A]rticle 7 of the Staff Regulations allows the Director General, acting solely in the interest of the service and without regard to nationality, to assign each official by transfer to a post in his function group, which corresponds to his grade and his service.
In the event of a transfer under Article 7, in which the Director General has broad discretion, the Organisation is not required to announce the vacancy or organise a competition to fill the post under Articles 4 or 30 of the Staff Regulations (see Judgment 1757, consideration 11). The complainant does not contest that, as Eurocontrol submits, there was an interest of the service that warranted the use of that procedure to fill the post. This plea will therefore be dismissed.

Reference(s)

ILOAT Judgment(s): 1757

Keywords

transfer; interest of the service