Open competition (300,-666)

You searched for:
Keywords: Open competition
Total judgments found: 7

• Judgment 2657

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post but the Tribunal considers that persons who have applied for a post in an international organisation and who have not been recruited are barred from access to the Tribunal. The complainant asks that the Organisation be ordered to waive its immunity to enable him to bring proceedings before a German court. "[T]he Tribunal [recalls that it] has no authority to order the EPO to waive its immunity (see Judgment 933, under 6). It notes, however, that the present judgment creates a legal vacuum and considers it highly desirable that the Organisation should seek a solution affording the complainant access to a court, either by waiving its immunity or by submitting the dispute to arbitration."

  Reference(s)

  ILOAT Judgment(s): 933
  

  Keywords:

  appointment; arbitration; candidate; claim; competence of tribunal; condition; grounds; handicapped person; judgment of the tribunal; medical examination; medical fitness; municipal court; open competition; organisation; post; refusal; safeguard; waiver of immunity;
  

  Consideration 5

  Extract:

  The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post. The Organisation submits that the Tribunal is not competent to hear complaints from external applicants for a post in an organisation that has recognised its jurisdiction. "However regrettable a decision declining jurisdiction may be, in that the complainant is liable to feel that he is the victim of a denial of justice, the Tribunal has no option but to confirm the well-established case law according to which it is a court of limited jurisdiction and 'bound to apply the mandatory provisions governing its competence', as stated in Judgment 67, delivered on 26 October 1962. [...]
  It [can be inferred from Article II of the Statute of the Tribunal] that persons who are applicants for a post in an international organisation but who have not been recruited are barred from access to the Tribunal. It is only in a case where, even in the absence of a contract signed by the parties, the commitments made by the two sides are equivalent to a contract that the Tribunal can decide to retain jurisdiction (see for example Judgment 339). According to Judgment 621, there must be 'an unquestioned and unqualified concordance of will on all terms of the relationship'. That is not the case, however, in the present circumstances: while proposals regarding an appointment were unquestionably made to the complainant, the defendant was not bound by them until it had established that the conditions governing appointments laid down in the regulations were met."

  Reference(s)

  ILOAT reference: Article II of the Statute
  ILOAT Judgment(s): 67, 339, 621
  

  Keywords:

  appointment; candidate; case law; competence of tribunal; complaint; condition; consequence; contract; declaration of recognition; definition; exception; external candidate; formal requirements; grounds; handicapped person; iloat statute; intention of parties; interpretation; medical examination; medical fitness; open competition; organisation; post; proposal; provision; refusal; terms of appointment; vested competence; written rule;
  

  
  
  

• Judgment 1323

  
  76th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 8-9

  Extract:

  The WHO appointed an external candidate to a position which the complainant had applied for. On the grounds of privilege the organization offered no evidence to the Board or the Tribunal of the external candidate's qualifications. "The Tribunal does not accept that the disclosure of a candidate's identity and qualifications may [...] inhibit the free expression of views by members of selection committees or prejudice the interests of other candidates. [...] The external candidate's qualifications were of essential importance to the Selection Committee in making its choice and to any appeal against the appointment made." No such documents may be withheld from the Tribunal.

  Keywords:

  candidate; confidential evidence; evidence; internal appeals body; internal candidate; open competition; selection board; submissions;
  

  
  
  

• Judgment 1315

  
  76th Session, 1994
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."

  Keywords:

  abuse of power; appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;
  

  
  
  

• Judgment 1158

  
  72nd Session, 1992
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The Tribunal is required to determine whether in considering all the case records before it, the organization has properly identified the qualified candidates. In doing so the Tribunal will make sure that the criteria which are to be applied have not been put to improper use. And there would be such improper use if, for example, the [...] principle of equality were treated as a privilege."

  Keywords:

  candidate; competition; criteria; equal treatment; open competition; organisation's duties;
  

  
  
  

• Judgment 564

  
  51st Session, 1983
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The Board, made up of four staff members, included the chief of the Bureau in which the vacancy was to be filled. "Its composition was in line with the [...] rules on open competitions and was therefore correct in this instance since applications were invited [...] from outside candidates. [...] The elimination of all outside candidates in the course of the selection procedure did not change the competition into an internal one."

  Keywords:

  competition; composition of the internal appeals body; open competition; selection board;
  

  
  
  

• Judgment 238

  
  33rd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."

  Keywords:

  appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;
  

  Considerations

  Extract:

  According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."

  Keywords:

  appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;
  

  Considerations

  Extract:

  "[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."

  Keywords:

  appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;
  

  
  
  

• Judgment 107

  
  17th Session, 1967
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant "is not justified in criticising the conditions under which the competition was held. As he does not deny that his work was inferior to that of the candidate who was appointed, he cannot claim a preferential right as a serving official, since this exists only where qualifications are equal."

  Keywords:

  competition; condition; internal candidate; open competition; priority;