Judgment No. 301

• Organization: International Patent Institute (IPI)
• Date: 06.06.1977
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

Vide Judgment 304, consideration 1.

Reference(s)

ILOAT Judgment(s): 304

Keywords

promotion; judicial review; discretion; executive head; refusal

Consideration 1

Extract:

Vide Judgment 303, consideration 2.

Reference(s)

ILOAT Judgment(s): 303

Keywords

no cause of action; case pending; disclosure of evidence; right to reply; promotion board; criteria

Consideration 5

Extract:

It is for the competent committees and the Director-General to adapt the conditions of promotion to the requirements of the organisation. "Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."

Keywords

effective date; competence; equal treatment; amendment to the rules; promotion; promotion board; executive head; organisation's interest; criteria; date

Consideration 4

Extract:

"The function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. Hence, even though those criteria are not beyond reproach, the Director-General's decisions are not tainted on that account."

Keywords

advisory body; promotion; promotion board; discretion; executive head; binding character; criteria