Judgment No. 889

• Organization: European Southern Observatory (ESO)
• Date: 30.06.1988
• Original: French
• Judges: Ducoux, Suffian, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

"The burden is on [the complainant] to prove service-incurred illness."

Keywords

complainant; evidence; burden of proof; illness; service-incurred

Considerations 4-5

Extract:

"The new text of [Article] II 4.01 [CERN Pension Fund] reads: 'Unsuitability is the reduction, presumed to be permanent or long-term, by at least 1/3 in earning capacity resulting from a deterioration in physical or mental health, which occurred while the person concerned held a contract with one of the participating organizations'. [...] The complainant did not satisfy the conditions in [Article] II 4.01."

Reference(s)

Organization rules reference: ARTICLE II 4.01 OF THE CERN PENSION FUND

Keywords

illness; service-incurred; cern pension fund; incapacity; medical fitness; definition

Consideration 3

Extract:

"Although the disputes [between the complainant and his employer] may indeed have made his condition worse, it is not established that that condition was directly attributable to his employment."

Keywords

illness; service-incurred; working relations; cause