Judgment No. 1771
Decision
1. Eurocontrol shall pay her 200,000 Belgian francs in moral damages.
2. It shall pay her 50,000 Belgian francs towards costs.
3. Her other claims are dismissed.
Consideration 2(c)
Extract:
"The complainant applies for an expert enquiry to determine whether she is fit for the duties of the post. Firm precedent has it that an executive head must be allowed discretion to determine what services the Organisation needs and whether someone is able to provide them, and that the Tribunal may exercise only a limited power of review over decisions on such matters. To allow the complainant's application for expert inquiry would be to assume that the Tribunal might replace the Director General's assessment of her with its own and would be alien to the notion of limited review [...]."
Keywords
expert inquiry; case law; competition; qualifications; judicial review; discretion; executive head; refusal
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