Judgment No. 941
THE COMPLAINT IS DISMISSED.
"As the texts stand vaccinations are not ordinarily covered by the [sickness insurance] scheme [...] that the policy of other European organisations is more liberal is an example Eurocontrol may wish but is not bound to follow."
applicable law; law of european communities; rule of another organisation; insurance; insurance benefit
The organisation maintains that the complaint was time-barred as it was not filed within ninety days of the implied decision to reject it arising out of the administration's silence. The Tribunal holds that "the organisation may not plead its own failure to act. The complainant had good reason to infer [and had done his utmost to ensure] that his claim was still under review."
complaint; implied decision; failure to answer claim; organisation; receivability of the complaint; internal appeal; time limit; time bar; good faith; negligence