Judgment No. 4514
1. The decision of the Principal Director of Resources of Eurocontrol of 17 April 2018 and the decision of the Head of People and Finance Operations of 1 August 2016 are set aside insofar as they provided for the recovery of reimbursements of medical expenses under the top-up sickness insurance cover of the complainantís wife during the period 1 January 2011 to 31 December 2014.
2. Eurocontrol shall, if appropriate, repay to the complainant the sum of 3,362.71 euros, as indicated in consideration 13 of the judgment.
3. The Organisation shall pay the complainant 3,000 euros in costs.
4. All other claims are dismissed.
The complainant challenges Eurocontrolís decision to put an end, with retroactive effect, to the top-up sickness insurance cover received by his wife and, consequently, to recover the sums unduly paid by Eurocontrol under that cover.
complaint allowed; recovery of overpayment; dependant; health insurance
Regarding moral damages, the Tribunal considers that the cancellation of the recovery of the sum in question is sufficient, in the present case, to compensate the complainant for all the injury he suffered.
moral injury; recovery of overpayment