Judgment No. 266

• Organization: European Southern Observatory (ESO)
• Date: 12.04.1976
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

"It appears from the facts of the case that [...] the complainant's attitude had not been such as is expected of an international official and that in particular he committed serious acts of misconduct which cast doubt on his integrity. The behaviour of which the complainant was accused - and the falsity of those accusations is not established - is such as to afford lawful grounds for the impugned decision. It was open to the Director-General to take disciplinary action against the complainant on the grounds of that behaviour and he was therefore entitled, as he in fact did, merely to refuse to renew his contract."

Keywords

contract; fixed-term; non-renewal of contract; serious misconduct; conduct; fitness for international civil service; disciplinary procedure; subsidiary

Considerations

Extract:

"The total or partial renewal of a fixed-term contract, to which an official is in no way entitled, is a decision which falls within the discretionary authority of the head of the organisation alone. The Tribunal will not interfere with such a decision unless [...]."

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion