Judgment No. 1151

• Organization: European Organization for Nuclear Research (CERN)
• Date: 29.01.1992
• Original: French
• Judges: Ducoux, Ruda, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DECISIONS OF 24 OCTOBER 1990 ARE SET ASIDE.
2. THE CASES ARE SENT BACK TO CERN FOR REVIEW OF THE COMPLAINANTS' CLAIMS IN LINE WITH WHAT IS SAID IN CONSIDERATION 7.
3. CERN SHALL MAKE MR. GIROD A PROVISIONAL PAYMENT AWARD OF AN AMOUNT EQUIVALENT TO SIX MONTHS' REMUNERATION.
4. CERN SHALL PAY THE COMPLAINANTS 4,000 SWISS FRANCS EACH IN COSTS.

Consideration 3

Extract:

"According to consistent precedent, a decision to appoint or promote a staff member, even though it is a matter of discretion, may be set aside, and one flaw that will be fatal is that it was taken without authority."

Keywords

decision; competence; case law; promotion; appointment; judicial review; decision-maker; discretion

Consideration 5

Extract:

After many years in CERN's employ under fixed-term appointments, the complainants applied for indefinite appointments. Their cases having been reviewed according to a new procedure for the grant of such appointments. CERN told them it would neither grant them indefinite appointments or renew their fixed-term ones on expiry. "But there is no obvious logical connection between the refusal to grant an indefinite appointment and the refusal to renew a fixed-term one."

Keywords

contract; duration of appointment; fixed-term; permanent appointment; non-renewal of contract