¹ú²úAV

The Applicant was denied the right to appeal to the Central Examinations Board the decision that she was ineligible to take the 2010 ICTY G to P exam. In the management evaluation, the Secretary-General concluded that the decision to deny her the right of appeal was unlawful and reversed it, but rejected her claim for compensation. However, even though the Applicant was allowed eventually to exercise her right of appeal, it was too late for her to take the exam. Before the Tribunal, the Applicant requested three months’ net base salary in compensation for the damage suffered. The Tribunal found inter alia that any reasonable person in the Applicant’s situation of preparing for a competitive exam, especially one that could have such a significant impact on her career, would have suffered stress and emotional distress and that reversal of the unlawful decision after the exam had already taken place was not sufficient to repair the damage suffered by the Applicant. The Tribunal concluded that in the circumstances of the case, the Applicant was entitled to be compensated for the violation of her due process rights and the moral injury resulting thereof and awarded her EUR 2,000.