Judgment No. 1982

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 12.07.2000
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5(A)

Extract:

"Precedent has it that, in the interests of the organisation, a chief executive may interrupt a competition, even in order to change the requirements of the post (see Judgment 1771, [...] under 4(e), and the judgments cited therein). He may even decide not to proceed to any appointment or promotion if he concludes that none of the candidates meets the specified requirements (see Judgment 1771, under4(c))."

Reference(s)

ILOAT Judgment(s): 1771

Keywords

case law; appointment; competition; candidate; competition cancelled; organisation's interest; discontinuance

Consideration 5(D)

Extract:

The complainant was an unsuccessful candidate for a post. The initial competition for the post was cancelled and the complainant argues that the subsequent competition and selection procedure were flawed. Therefore he asks that the decision appointing another candidate be set aside. "The Tribunal's case law has it that it is not necessary to take up the whole procedure when it is easy to determine the point at which it began to be flawed."

Keywords

appointment; candidate; selection board; flaw; procedural flaw