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Judgment No. 1095

Decision

1. THE DECISION IMPUGNED BY THE COMPLAINANT IS SET ASIDE.
2. THE CASE IS SENT BACK TO EUROCONTROL FOR A NEW DECISION IN ACCORDANCE WITH THE PRINCIPLES SET FORTH IN THIS JUDGMENT AND IN JUDGMENT 1094 DELIVERED ON THIS DAY.
3. EUROCONTROL SHALL PAY THE COMPLAINANT 50,000 BELGIAN FRANCS IN COSTS.
4. THE APPLICATION TO INTERVENE IS ALLOWED.

Consideration 19

Extract:

"A complaint is receivable under Article VII(3) where the administration fails to take any decision upon the claim within sixty days of the date of notification of it. Once an organisation has accepted the Tribunal's Statute it may not derogate from Article VII(3) by dint of internal rules of its own. The only difference Eurocontrol's own Staff Regulations may make is that it is estopped from objecting to receivability when, in reliance on its own time limit, a staff member has filed a complaint that would be receivable under its Staff Regulations but out of time under Article VII."

Reference(s)

ILOAT reference: ARTICLE VII(3) OF THE STATUTE

Keywords

complaint; failure to answer claim; receivability of the complaint; time limit; time bar; good faith; iloat statute; precedence of rules; staff regulations and rules; consequence; difference

Summary

Extract:

The complainant's fees for difficult confinement were refunded at the 100 per cent rate up to a maximum limit reckoned by likening the treatment she received to a surgical operation. Though the Tribunal finds nothing wrong with setting maximum limits in general it holds that there was no valid limit at the material time on costs incurred for difficult confinements and that the complainant was entitled to the refund of her confinement expenses in full.

Keywords

complaint allowed; amount; decision quashed; case sent back to organisation; no provision; analogy; reckoning; insurance benefit; maximum limit; rate; flaw



 
Last updated: 13.11.2018 ^ top