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Refund (487,-666)

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Keywords: Refund
Total judgments found: 82

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  • Judgment 4695


    136th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision requiring him to reimburse the undue payments of salary he received during absences that were declared to be unjustified by the Administration.

    Judgment keywords

    Keywords:

    complaint allowed; recovery of overpayment; refund; unauthorised absence;



  • Judgment 4671


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.

    Judgment keywords

    Keywords:

    complaint allowed; medical insurance; negligence; organisation's duties; refund;



  • Judgment 4670


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.

    Judgment keywords

    Keywords:

    complaint allowed; medical insurance; negligence; organisation's duties; refund;



  • Judgment 4669


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.

    Judgment keywords

    Keywords:

    complaint allowed; interest on arrears; medical insurance; negligence; organisation's duties; refund;

    Consideration 4

    Extract:

    Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainant’s claim for interest for late payment on the sums that were repaid to her. Although in his letter of 8 July 2020 the Secretary General insisted that no individual decision had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions, and the corresponding interest, conditional on the successful conclusion of discussions with France and implied that interest for late payment could be considered only if URSSAF or the French authorities paid such interest. He therefore took a decision adversely affecting the complainant for the purposes of the Tribunal’s case law.

    Keywords:

    decision; host state; injury; refund;



  • Judgment 4668


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.

    Judgment keywords

    Keywords:

    complaint allowed; medical insurance; negligence; organisation's duties; refund;

    Consideration 4

    Extract:

    Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainant’s claim for repayment of the wrongly deducted amounts of ESC and the corresponding interest. Although in his letter of 8 July 2020 the Secretary General insisted that no individual decisions had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions conditional on the successful conclusion of discussions with France and clearly implied that a refund would only be possible if URSSAF repaid the sums in question. He therefore took a decision adversely affecting the complainant for the purposes of the Tribunal’s case law.

    Keywords:

    decision; host state; injury; refund;



  • Judgment 4667


    136th Session, 2023
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants seek the restitution of amounts wrongly deducted from their salaries in respect of sickness insurance contributions.

    Consideration 5

    Extract:

    Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainants’ claims for repayment of the wrongly deducted amounts of ESC and the corresponding interest. Although in his letters of 8 July 2020 the Secretary General insisted that no individual decisions had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions conditional on the successful conclusion of discussions with France and clearly implied that a refund would only be possible if URSSAF repaid the sums in question. He therefore took a decision adversely affecting the complainants for the purposes of the Tribunal’s case law.

    Keywords:

    decision; host state; injury; refund;



  • Judgment 4425


    132nd Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.

    Consideration 7

    Extract:

    [T]he Office had informed the complainant that her request for reimbursement of the cost of her spa cure could not be processed under Article 20, point 4.8(a), of the Collective Medical Insurance Contract, first, because of a change in the rules and, subsequently, rather, because of a stricter application of the reimbursement criteria for type A cures. This was wrong in law because, as the case law confirms, the principle of non-retroactivity requires that a new administrative practice (which must also include a decision to apply stricter criteria) must be clearly announced to staff prior to its application (see, for example, Judgment 3884, considerations 4 and 12, and the case law cited therein). There is no evidence that a decision to change the rules and/or to apply stricter criteria for reimbursement of the cost of type A cures was announced to EPO staff prior to determining that the complainant was not to be reimbursed for a type A cure.

    Reference(s)

    ILOAT Judgment(s): 3884

    Keywords:

    medical expenses; non-retroactivity; practice; refund;



  • Judgment 3424


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Consideration 15

    Extract:

    "The complainant requests the Tribunal to find that, should this sum be subject to national taxation, he would be entitled to a refund of the tax paid from the Global Fund. However, in the absence of a present cause of action in this respect, the claim must be dismissed as irreceivable (see, for example, Judgments 3255, under 15, or 3270, under 10)."

    Reference(s)

    ILOAT Judgment(s): 3255, 3270

    Keywords:

    refund; tax;



  • Judgment 3423


    119th Session, 2015
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the impugned implied decision was flawed.

    Considerations 16 and 17

    Extract:

    "The complainants request the Tribunal to find that, should the sums awarded to them be subject to national taxation, they would be entitled to a refund of the tax paid from the Global Fund. However, in the absence of a present cause of action in this respect, the claim must be dismissed as irreceivable (see, for example, Judgments 3255, under 15, or 3270, under 10).
    The Fund requests, as a counterclaim, that the complainants be ordered to pay costs. But the very fact that the complainants succeed in part is sufficient to demonstrate that their complaints were not vexations and that this claim must therefore be rejected."

    Reference(s)

    ILOAT Judgment(s): 3255, 3270

    Keywords:

    refund; tax;



  • Judgment 3361


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision rejecting her request seeking payment of the costs of an orthodontic treatment and a surgical operation.

    Consideration 11

    Extract:

    "It is true that the General Provisions require the application for prior authorisation to be made before the treatment or services begin, but they do not require authorisation to be given before that time. It was therefore open to the complainant to run the risk of having to bear the cost of the operation herself if the refusal of prior authorisation was later confirmed."

    Keywords:

    refund;



  • Judgment 3354


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal set aside the decision dismissing the complainant’s request for the reimbursement of pharmaceutical costs on the ground that the case should have been referred to the Medical Committee.

    Consideration 10

    Extract:

    "[T]he President should not have, as she did in the impugned decision, dismissed out of hand the complainant’s appeal against the rejection of his claim for reimbursement for the product and the treatment. The matter should have been considered by the Medical Committee before such action was taken, if it accorded with the opinion of the Medical Committee. Accordingly, the impugned decision is flawed and should be set aside."

    Keywords:

    medical opinion; refund;



  • Judgment 3281


    116th Session, 2014
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: Tax refunds due as a result of tax credits.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; domestic law; member state; organisation's duties; payment; reckoning; refund; salary; staff regulations and rules; status of complainant; tax;



  • Judgment 3020


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."

    Reference(s)

    Organization rules reference: WTO Staff Rule 106.11

    Keywords:

    allowance; breach; compensatory allowance; decision quashed; deduction; domestic law; effect; equal treatment; grounds; marital status; official; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction of salary; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;



  • Judgment 2899


    108th Session, 2010
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    The complainant refused to accede to EFTA's request for reimbursement of an amount allegedly overpaid.
    "Contrary to his submissions, the complainant could not refuse [...] to comply with the Association's express and repeated requests for reimbursement. As the internal appeal procedure does not have a suspensory effect, and even though [EFTA] would no doubt have been wiser to await its completion before demanding payment of the debt, he was bound to comply with these requests. His refusal to accede to them thus constituted misconduct which could lead to a disciplinary sanction [...]."

    Keywords:

    breach; condition; disciplinary measure; internal appeal; procedure before the tribunal; recovery of overpayment; refund; refusal; request by a party; staff member's duties; suspensory effects;

    Consideration 20

    Extract:

    "[T]he Tribunal's case law has it that an international organisation which has mistakenly overpaid an official must take into account any circumstances which would make it unfair or unjust to require repayment of the sum in question - at least the full amount thereof. Relevant circumstances include the good or bad faith of the staff member, the sort of mistake made, the respective responsibilities of the organisation and the person concerned for the causes of the mistake and the inconvenience to which the staff member would be put by repayment that is required as a result of the organisation's oversight (see Judgments 1111, under 2, and 1849, under 16 and 18)."

    Reference(s)

    ILOAT Judgment(s): 1111, 1849

    Keywords:

    case law; cause; condition; consequence; equity; good faith; liability; mistake of fact; official; organisation; organisation's duties; recovery of overpayment; refund; request by a party;



  • Judgment 2862


    108th Session, 2010
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 7

    Extract:

    The critical issue raised by this complaint is whether the complainant was entitled to reimbursement of income tax levied in Canada on the salary and allowances received by her from the Organization.
    "It is not in dispute that the complainant was informed before she accepted the offer of appointment that she was not entitled to reimbursement of income tax paid in Canada. She claims that the information given to her at that time was false and that at all relevant times the Staff Regulations and Rules provided for reimbursement [...]. In support of her claim she provides a version of Annex A to the Staff Regulations and Rules [...]. IOM produces another version [of the said Annex]."
    "IOM seeks an order for costs against the complainant. Given that initial correspondence with the complainant suggested that income tax would be reimbursed, and given also the confusion relating to the precise terms of Annex A, including that the complainant was provided with a hard copy of the annex in its unamended form, this is not an appropriate case in which to award costs against the complainant."

    Keywords:

    costs; organisation's duties; payment; refund; staff regulations and rules; tax;



  • Judgment 2556


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The Organisation adopted a new method of calculating replacement days granted to inspectors returning from a Chemical Weapons Destruction Facilities inspection because of the inconsistency between the practice with regard to replacement days and the terms of Administrative Directive AD/PER/12. The complainant contested that new method. Because the earlier practice had become in its view "well established", the Appeals Council recommended that the appeal be upheld, the previous practice reinstated and the replacement days that should have been granted in accordance with that practice reimbursed. The Tribunal considers that "[a]s the practice of granting a replacement day for each Saturday, Sunday or official OPCW holiday falling during an inspection period is inconsistent with the terms of AD/PER/12, that practice cannot be elevated to the status of law so as to entitle the complainant to additional replacement days, as was seemingly thought by the Appeals Council."

    Reference(s)

    Organization rules reference: OPCW Administrative Directive AD/PER/12

    Keywords:

    administrative instruction; advisory opinion; compensatory measure; difference; internal appeal; internal appeals body; organisation's duties; practice; precedence of rules; provision; public holiday; reckoning; recommendation; refund; right; written rule;



  • Judgment 2533


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.
    "[T]he expenses of necessary adaptations to house and car are on no different footing than other necessary expenses incurred as a consequence of the complainant's service-related injury and must be reimbursed."

    Keywords:

    handicapped person; health insurance; invalidity; medical expenses; organisation's duties; professional accident; refund; service-incurred;



  • Judgment 2450


    99th Session, 2005
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[T]here is no rule or general principle that obliges an international organisation to reimburse its staff for taxes payable outside the host country pursuant to legislation which is not that of the host country."

    Keywords:

    applicable law; domestic law; general principle; headquarters; organisation; organisation's duties; refund; staff regulations and rules; tax;



  • Judgment 2296


    96th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[T]he right of an international civil servant to recover from his employer the taxes which he has been forced to pay on his tax-exempt income cannot be made contingent upon the employer's right to recover those amounts from the national government concerned."

    Keywords:

    condition; member state; official; organisation; privileges and immunities; refund; refusal; right; tax;

    Consideration 12

    Extract:

    "There can be no doubt of the right of an international organisation to set obligatory rules for the conduct of its staff governing various aspects of their relations with their employer, and that this right includes the right to set reasonable limitation periods during which claims against the employer must be asserted. However, such rules must be published or otherwise made known to all the members of staff concerned in a way which can leave absolutely no doubt as to the nature and reach of the rule, and no doubt that it has been brought to the attention of all those to whom it applies. Even if the [Organization] had succeeded in showing that the tax reimbursement instructions had been given to the staff individually, which it has signally failed to do, it would also have to have shown that all others in like case had been similarly advised. Rules limiting the right to exercise a fundamental condition of employment applicable to all international civil servants are only permissible if they, too, are applicable to all."

    Keywords:

    enforcement; equal treatment; evidence; judicial review; limits; official; organisation's duties; payment; provision; publication; purport; reasonable time; refund; right; tax; terms of appointment; time limit;



  • Judgment 2282


    96th Session, 2004
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "[W]hat is at issue here is a plea of prescription on the part of the [organization], which seeks to take the benefit of the two-year limitation period in [a] staff rule. But prescription cannot be invoked by a party which has by its own actions prevented the timely exercise of the creditor's recourses. That is what the pleadings reveal to be the case here."

    Keywords:

    internal appeal; organisation's duties; refund; time bar; time limit;

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Last updated: 07.03.2024 ^ top