Power of signature (890,-666)

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Keywords: Power of signature
Total judgments found: 1

• Judgment 4283

  
  130th Session, 2020
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to cancel a competition in which he was a candidate.

  Consideration 4

  Extract:

  [T]he complainant submits that that decision, which took the form of an e-mail sent [...] by Mr T., Head of People and Finance Operations, was taken without authority.
  The Tribunal notes that, although there can be little doubt that that e-mail, in which Mr T. stated that he was acting “[f]or the Director General and by delegation”, merely notified the complainant of an administrative decision taken beforehand, there is no evidence to show that the decision in question was formalised in any other manner, so it must be found that the competition was cancelled as a result of that e-mail. It must therefore be ascertained whether the author of the e-mail had a delegation of the power of signature authorising him to adopt such a measure.
  In this case, however, the objection raised by the complainant on that point is unwarranted. The evidence shows that, pursuant to a decision of the Principal Director of Resources [...], Mr T., in his capacity as Head of People and Finance Operations, was granted sub-delegation of authority to sign, on behalf of the Director General, “all documents that fall under his responsibilities”. Moreover, pursuant to a decision [...] on the internal organisation of the Directorate of Resources, the People and Finance Operations Unit has, among other responsibilities, the task of “ensuring the administrative management of recruitment, mobility and careers”, which, contrary to what the complainant contends in his rejoinder, clearly includes taking decisions concerning a competition such as that at issue here. Since Mr T. thus acted within the scope of his authority and, consequently, within the limits of the sub-delegation of the power of signature which he held, the plea that the author of the decision [...] lacked authority has no factual basis.

  Keywords:

  delegated authority; power of signature;