Interest of the service (893,-666)

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Keywords: Interest of the service
Total judgments found: 2

• Judgment 4472

  
  133rd Session, 2022
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to appoint an official to his former post.

  Consideration 6

  Extract:

  [A]rticle 7 of the Staff Regulations allows the Director General, acting solely in the interest of the service and without regard to nationality, to assign each official by transfer to a post in his function group, which corresponds to his grade and his service.
  In the event of a transfer under Article 7, in which the Director General has broad discretion, the Organisation is not required to announce the vacancy or organise a competition to fill the post under Articles 4 or 30 of the Staff Regulations (see Judgment 1757, consideration 11). The complainant does not contest that, as Eurocontrol submits, there was an interest of the service that warranted the use of that procedure to fill the post. This plea will therefore be dismissed.

  Reference(s)

  ILOAT Judgment(s): 1757
  

  Keywords:

  interest of the service; transfer;
  

  
  
  

• 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 5

  Extract:

  The complainant [...] submits that insufficient reasons were given for the decision [challenged]. He contends that in stating that the decision to cancel the competition had been taken owing to “business needs”, the author of that decision had used an “empty formula, devoid of meaning, justification and foundation”.
  However, although the Tribunal’s case law does not regard generic references of that kind as sufficient to provide the reasons for an administrative decision (see Judgments 1231, under 23, 3617, under 6, or 4259, under 12), an examination of the impugned decision in this case shows that, far from merely referring in an abstract manner to the interests of the service, it contains a detailed statement of the reasons for which it was taken.

  Reference(s)

  ILOAT Judgment(s): 1231, 3617, 4259
  

  Keywords:

  interest of the service; motivation; motivation of final decision;