Judgment No. 2393

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 02.02.2005
• Original: English
• Judges: Gentot, Gaudron, Gordillo
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 12

Extract:

"The general principles allow that a discretionary decision with respect to an appointment may be set aside if applicants have not received equal treatment."

Keywords

general principle; equal treatment; breach; appointment; candidate; discretion; condition; right

Consideration 13

Extract:

The general principles also allow that a mistake as to a candidate’s qualifications or experience may constitute a mistake of fact or result in some material fact being overlooked. It is this consideration that is invoked by the complainant’s contentions that he had greater experience and skills than the successful candidate, and that the interview panel and the FAO were mistaken as to his management skills. However, and as held in Judgment 1827, the selection of candidates necessarily “requires a high degree of judgment” with which the Tribunal will interfere only if a serious defect is demonstrated. And as was also held in that judgment, a defect of that kind is not established merely by asserting that one is better qualified than the selected candidate.

Keywords

appointment; competition; judicial review; discretion; mistake of fact; mistake of law; selection procedure