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> Page d'accueil > Triblex: base de données sur la jurisprudence > Par session > 77e session

Judgment No. 1366

Decision

THE COMPLAINT IS DISMISSED.

Considerations 11-12

Extract:

The complainant's education allowance gave rise to an overpayment. He alleges breach of the rule against retroactivity. "He is wrong. [...] What is at issue is the recovery of overpayments; and the complainant [...] must have been aware of the patent disproportion between the advances he was receiving and the education expenses he had actually incurred. So he may not properly plead any mistake in interpretation."

Keywords

amount; non-retroactivity; recovery of overpayment; education expenses; unjust enrichment; refund

Consideration 10

Extract:

The complainant's education grant gave rise to an overpayment. "He seeks to justify his behaviour by pleading that other staff members had done the same. The plea fails because equality in law does not embrace equality in the breach of it."

Keywords

amount; equal treatment; education expenses; unjust enrichment; refund

Considerations 13-14

Extract:

The complainant's education grant gave rise to an overpayment. He pleads that there is a time limit for the recovery of overpayments. The UPU observes that "any payment made in error may be recovered" but it has nevertheless waived some of the sum due. "In the circumstances the time limit the union has set is much to the complainant's advantage and his plea under this head therefore fails."

Keywords

time limit; time bar; amount; recovery of overpayment; education expenses; unjust enrichment; refund



 
Dernière mise à jour: 01.09.2020 ^ haut