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The High commissioner is not bound to follow the recommendations of the Appointments, Promotion, and Postings Commission, but he cannot grant a promotion without the situation of the eligible official having been examined by the Commission. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. It is up to the administration to verify that the hierarchical superior of an official eligible for promotion does not fail to make a promotion proposal, whether positive or negative. Such an omission taints the refusal of promotion as a result of the Commission making its recommendation to the High Commissioner in the light of incomplete documents. Paragraph 5 of Article 10 of the UNDT’s Statutes imposes on the judge, in certain cases to set compensation that the Respondent can choose to pay in lieu of the annulment of the contested administrative decision. The judge takes into account the material damage of the illegal decision that was made and fixes the amount to be paid at CHF8000. The Applicant cannot claim any compensation beyond the loss of the additional wages he would have received had he been promoted. Indeed, the administration has the choice of either executing the judge's decision annulling the refusal of promotion, or paying the sum set above. In the first hypothesis, the High Commissioner must again rule on the promotion of the official, who on the one hand if he obtains a promotion can claim to be promoted retroactively and thus will not have suffered any prejudice and, d on the other hand if he is not promoted, he will not be able to claim any compensation except to challenge again before the Tribunal the new refusal decision. In the second hypothesis, where the administration chooses to pay the sum fixed by the judge instead of drawing the consequences of the cancellation, the said sum must be considered as compensating the material damage suffered during a year as soon as the official was able to assert their promotion rights during the following session. The Statute of the court does not allow the judge to issue injunctions to the administration and the annulment of a refusal of promotion for the procedural flaw does not mean that the official should have been promoted, the request of the official tending to this that the judge orders the administration to grant him a promotion can only be rejected. Annulment of the contested decision. The judge fixes the sum of compensation corresponding to paragraph 5 of article 10 of the statutes of the Tribunal. Rejection of the surplus.