ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > analogy

Judgment No. 944

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

the complainant and her husband are employees of the epo. in view of the fact that between them they pay a double premium, she is seeking the refund at 100 per cent of their medical expenses, and not 80 per cent as stipulated in the insurance policy. in keeping with the organisation's view, the tribunal holds that under the material rules of the organisation, "each staff member pays contributions that depend on the amount of salary, yet is entitled to the same benefits, whatever the degree of individual risk or family situation may be. status as an official will always prevail over status as the member of an official's family, and the right to refund derives solely from the former, not from any marital connection there may be with another official."

Keywords

international civil servant; family relationship; insurance benefit; contributions; rate; consequence; right; same

Consideration 4

Extract:

the complainant and her husband are both officials of the epo. there are no rules concerning the refund of medical expenses which cover such contingencies. the tribunal holds that "no other provision of the service regulations may be applied, even by analogy, if intended to fit an essentially different set of circumstances."

Keywords

marital status; applicable law; staff regulations and rules; enforcement; no provision; analogy; provision; insurance benefit; other

Consideration 2

Extract:

the internal appeal was signed by mr. [e.] whereas the complaint is signed by mr. [e.]'s wife. "there being no need for a ruling of general purport on the issue, the tribunal holds that in the circumstances of the case the complaint may be deemed receivable. [...] the complainant's husband, [...] like her, is an official of the epo; they concur on the material issue and the purpose of the suit relates to a matter of social security for spouses".

Keywords

complaint; locus standi; complainant; marital status; receivability of the complaint; internal appeal; exception; family relationship; difference



 
Last updated: 11.10.2012 ^ top