Judgment No. 2230

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 16.07.2003
• Original: English
• Judges: Gentot, Romero, Gaudron
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 13

Extract:

The complainant claims that a payment made to him by mistake should not have been recovered from him three years later. "While it is a general principle of law that lapse of time may extinguish an obligation, the complainant has not cited any provision relative to recovery of overpayments [...] establishing a prescriptive period beyond which the undue payments may no longer be recovered."

Keywords

general principle; recovery of overpayment; provision; period; definition; discontinuance; payment; request by a party; right