Judgment No. 4166
1. The impugned decision is set aside to the extent that it concerns the recovery of the sums unduly received by the complainant during the period prior to 15 October 2009.
2. Eurocontrol shall pay the complainant 300 euros in costs.
3. All other claims are dismissed.
The complainant challenges Eurocontrol’s decision to recover various sums which it considers were unduly paid to him.
complaint allowed; decision quashed; recovery of overpayment
[T]he Tribunal recalls that, according to its case law, “staff members are expected to know their rights: ignorance of the law is no excuse” (see Judgment 1700, consideration 28). The Tribunal thus held that “a staff member is deemed to know the regulations and rules governing her or his appointment” (see Judgment 3878, consideration 12).
ILOAT Judgment(s): 1700, 3878
duty to be informed; ignorance of the rules; duty to know the rules