Judgment No. 1845

• Organization: European Southern Observatory (ESO)
• Date: 08.07.1999
• Original: English
• Judges: Fernando, Gentot, Carroll
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 10

Extract:

"Under Article II(6) of its Statute the Tribunal is open to a former staff member. However, Article II(5) restricts the competence of the Tribunal, ratione materiae, to complaints alleging the non-observance, in substance or in form, of the terms of appointment of a staff member or of the provisions of the applicable staff regulations. On expiry of the complainant's contract, he ceased to be a staff member. His complaint, concerning his non-selection [to the post of assistant to the head of administration] does not involve any allegation of the violation of any rights which he enjoyed under his contract or the Staff Regulations insofar as they continued to apply to him. The Tribunal therefore [cannot] entertain the complaint."

Reference(s)

ILOAT reference: ARTICLE II (5) OFTHE STATUTE;
ARTICLE II (6) OF THE STATUTE

Keywords

locus standi; receivability of the complaint; competence of tribunal; iloat statute; staff regulations and rules; enforcement; contract; competition; candidate; separation from service; external candidate