Jugement n° 4576
1. UNWTO shall pay the complainant 200,000 euros material damages within 30 days from the public delivery of this judgment.
2. All other claims are dismissed.
Follow-up judgment for the determination of material damages and consequential orders.
Mots-clés du jugement
Dommages-intérêts pour tort matériel
One point of difference is whether the loss of future income should be assessed by reference to a retirement age from UNWTO of 62 years or 65 years. The latter is the normal age of retirement but, it appears from the material before the Tribunal, the complainant would have had the option of retiring at 62 years.
Salaire; Dommages-intérêts pour tort matériel; Age de retraite
[A]ny financial loss associated with the deprivation of membership of a particular health fund would include a loss occasioned by the non-payment of claims for medical expenses incurred and otherwise recoverable from that fund. [T]he complainant does not establish that he could be enrolled in that health fund in the absence of actually serving, as a matter of fact, the qualifying period.
Dommages-intérêts pour tort matériel; Assurance maladie; Assurance santé
The final issue concerns taxes paid as a consequence of the complainant losing the benefit of tax exemption for his motor vehicle as an international civil servant employed by an international organisation. The submissions of both the complainant and UNWTO are a little obscure. UNWTO appears to suggest that the complainant would have had to pay the tax upon his retirement in any event. However, more fundamentally, this loss, if it be a loss, was only remotely, and too remotely, connected with the complainant’s dismissal.
Impôt; Lien de causalité