Judgment No. 1094
1. THE APPLICATIONS TO INTERVENE ARE ALLOWED.
2. THE IMPUGNED DECISIONS ARE QUASHED AND THE CASES SENT BACK TO EUROCONTROL FOR NEW DECISIONS.
3. EUROCONTROL SHALL PAY EACH OF THE COMPLAINANTS 50,000 BELGIAN FRANCS IN COSTS.
Under Article 72 of the Staff Regulations governing officials and of the General Conditions of employment of the Agency the Director general is "empowered to do whatever is needed to make the [health] scheme workable and financially sound, provided that he abides by the provisions of the Staff Regulations, and the cost is shared between organisation and staff in line with the principle of solidarity. That is why it is a proper precaution to set maximum limits on the costs of some forms of treatment and to require prior permission in some cases." Setting the rate of refund at 100 per cent for certain forms of treatment, including confinement, does not bar maximum limits.
Organization rules reference: ARTICLE 72 OF EUROCONTROL STAFF REGULATIONS
insurance; illness; maximum limit; social solidarity; refund; medical expenses; health insurance
The complainants object to statements of refund for confinement fees. In view of "the lack of consistency and clarity found in the reckonings, the challenged decisions must be set aside. The cases are sent back so that Eurocontrol may take new decisions according to the principles set out above and in such a way as to permit the complainants to check them."
decision quashed; case sent back to organisation; refund; flaw; medical expenses; health insurance