Judgment No. 2091
Decision
1. THE COMPLAINT IS ALLOWED AND THE ESO IS ORDERED TO TAKE THE NECESSARY MEASURES, INCLUDING PAYMENT OF PREMIUM, TO OBTAIN HEALTH INSURANCE COVERAGE FOR THE COMPLAINANT.
2. THE COMPLAINANT IS ENTITLED TO COSTS IN THE AMOUNT OF 4,000 EUROS.
3. THE OTHER CLAIMS ARE DISMISSED.
Considerations 10 and 12
Extract:
The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."
Keywords
complaint; complainant; organisation; receivability of the complaint; competence of tribunal; iloat; staff regulations and rules; breach; provision; contract; professional accident; service-incurred; pension; cern pension fund; incapacity; judicial review; consequence; definition; effect; payment; right
Dissenting opinion
Extract:
A dissenting opinion by Justice Mella Carroll is attached to the judgment.
Keywords
dissenting opinion
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