Background

A claimant filed a case against a defendant requesting that the court dismiss an administrative decision.

The court ruled that the decision be dismissed.

The defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law and had insufficient evidence of causation as, even if the public servant meets the conditions of promotion, the decision of such promotion falls under the authority of the administrative body in a way that fulfils the public interest.

The court held that this argument was invalid as, even if the decision falls under the authority of the relevant administrative body, such decision should be established on accurate legal components. The court stated that the defendant had failed to justify the promotion of other employees who were not more qualified than the claimant.

The court therefore dismissed the appeal.