Judgment No. 976

• Organization: Universal Postal Union (UPU)
• Date: 27.06.1989
• Original: French
• Judges: Ducoux, Razafindralambo, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION IS QUASHED INSOFAR AS IT REFUSED CONVERSION TO AIR FREIGHT OF THE COMPLAINANT'S UNUSED EXCESS BAGGAGE ALLOWANCES ON THE OUTWARD JOURNEY.
2. THE UNION SHALL PAY THE COMPLAINANT THE VALUE OF HIS UNUSED ENTITLEMENTS TO EXCESS BAGGAGE CONVERTED TO AIR FREIGHT ON THE OUTWARD JOURNEY.
3. IT SHALL PAY HIM 2,000 SWISS FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Summary

Extract:

The complainant is seeking the reimbursement of charges for shipment of baggage when he took home leave. He contends that the organisation's practice from which he benefited until 1985 was to authorise both the conversion of unused excess baggage allowances into air freight and the combination of baggage allowances for the outward and the return journeys. The Tribunal holds that the practice of conversion is in keeping with the applicable upu rules, but that combination is not covered by the rules.

Keywords

practice; staff regulations and rules; enforcement; travel expenses; personal effects; transport expenses; home leave; refund

Consideration 7

Extract:

Since the Administrative Circular "was issued after the date of the impugned decision, it can have no effect on the lawfulness of that decision".

Keywords

decision; subsequent fact; administrative instruction; effect