Keywords
Summary

Keywords

1 . OFFICIALS - PROMOTION - CONSIDERATION OF COMPARATIVE MERITS - LEGALITY - CONDITIONS - CONSIDERATION OF THE PERIODIC REPORTS OF ALL CANDIDATES

( STAFF REGULATIONS , ARTS 43 AND 45 ( 1 ))

2 . OFFICIALS - APPLICATION TO THE COURT - UNLIMITED JURISDICTION OF THE COURT - ORDER OF THE COURT ' S OWN MOTION THAT THE DEFENDANT INSTITUTION PAY COMPENSATION

( STAFF REGULATIONS , ART . 91 ( 1 ))

Summary

1 . THE PERIODIC REPORT , WHICH UNDER ARTICLE 43 OF THE STAFF REGULATIONS MUST BE MADE AT LEAST ONCE EVERY TWO YEARS , CONSTITUTES AN INDISPENSABLE CRITERION OF ASSESSMENT EACH TIME THE OFFICIAL ' S CAREER IS TAKEN INTO CONSIDERATION BY THE ADMINISTRATION AND IN PARTICULAR AS REGARDS PROMOTION WHICH , PURSUANT TO ARTICLE 45 ( 1 ) OF THE STAFF REGULATIONS , MAY BE MADE ONLY AFTER CONSIDERATION OF THE COMPARATIVE MERITS OF THE OFFICIALS ELIGIBLE FOR PROMOTION AND OF THE REPORTS ON THEM . CONSEQUENTLY CONSIDERATION OF THE MERITS OF CANDIDATES WHOSE PERIODIC REPORTS HAVE ALREADY BEEN DRAWN UP UNDER ARTICLE 43 AND OF OTHERS IN WHOSE CASE THIS HAS NOT YET BEEN DONE FAILS TO MEET THE REQUIREMENTS OF THAT PROVISION WITH REGARD TO CONSIDERATION OF THE COMPARATIVE MERITS OF OFFICIALS .

2 . THE UNLIMITED JURISDICTION WHICH THE COURT HAS UNDER ARTICLE 91 ( 1 ) OF THE STAFF REGULATIONS INCLUDES THE POWER TO ADJUDICATE ON AN ACTION WHICH SEEKS ONLY THE ANNULMENT OF A DECISION BY REJECTING THE APPLICATION FOR ANNULMENT BUT , OF THE COURT ' S OWN MOTION , ORDERING THE DEFENDANT INSTITUTION TO PAY COMPENSATION FOR THE NON-MATERIAL DAMAGE CAUSED TO THE APPLICANT BY A WRONGFUL ACT OR OMISSION ON THE PART OF THAT INSTITUTION .

THIS COURSE OF ACTION IS TO BE TAKEN IF THE ANNULMENT SOUGHT WOULD CONSTITUTE AN EXCESSIVE PENALTY FOR THE IRREGULARITY COMMITTED WHILST THE AWARD OF DAMAGES BEST MEETS BOTH THE APPLICANT ' S INTERESTS AND THE REQUIREMENTS OF THE SERVICE .