Judgment No. 1137

• Organization: European Patent Organisation (EPO)
• Date: 29.01.1992
• Original: English
• Judges: Suffian, Carroll, Ruda
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

"Only on the limited grounds often stated in the case law will the Tribunal interfere with discretionary decisions such as one to promote an official. [...] So the Tribunal will, for example, [not] review the records of the candidates a promotion board was considering".

Keywords

promotion; judicial review; discretion

Consideration 3

Extract:

The complainant did not get promotion at the time he believed he was entitled to. Inasmuch as the organisation promoted other candidates with less seniority than he had, he submits that it discriminated against him. "The plea of discrimination fails. It overlooks the fact that seniority merely qualifies [a candidate] for promotion and confers no right. [...] In choosing between candidates, the Promotion Board and the President are free to take into account [...] any other criteria they think appropriate."

Keywords

equal treatment; promotion; seniority; criteria