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Judgment No. 3121

Decision

1. The complaint is allowed and the impugned decision is set aside.
2. The Organization shall repay to the complainant the sum of 7,500 United States dollars deducted from his salary for the years 2008 and 2009, plus interest at the rate of 5 per cent per annum.
3. The FAO shall pay the complainant compensation of 800 euros for injury.
4. It shall also pay him 500 euros in costs.
5. All other claims are dismissed.

Judgment keywords

Keywords

complaint allowed; decision quashed; recovery of overpayment; education expenses

Consideration 4

Extract:

It should first be noted that bad faith on the part of a debtor, whatever the source of his or her obligation, does not in principle prevent a debt from being extinguished by prescription.
That will only occur if the debtor has used deception to prevent the creditor from taking action before the expiry of the prescription period. Moreover, an ordinary prescription period formally laid down will not normally apply if the debt arises from a criminal act, in which case the prescription period for criminal proceedings will apply.

Keywords

recovery of overpayment; debt; bad faith



 
Last updated: 26.08.2020 ^ top