Judgment No. 4577
1. UNWTO shall pay the complainant 280,000 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
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.
salary; material damages; retirement age
In relation to health insurance, the complainant has continued to contribute to the after-service health insurance Scheme and make payments to UNWTO’s health insurance provider. In total she will have, by September 2025, paid approximately 15,000 euros in this respect. The complainant requests that she be reimbursed these amounts because the amounts claimed for future loss of salary were net amounts. That is to say, as the Tribunal understands the argument, if she had succeeded in claiming the full amount of future salary lost it would not have included contributions made as just discussed. The contributions should be provided for separately by a specific award of damages. But the complainant derives a benefit from making these payments. They do not constitute a compensable loss. Accordingly, this claim is rejected.
material damages; medical insurance; health insurance
The next issue concerns taxes paid as a consequence of the complainant losing the benefit of tax exemption for her motor vehicle as an international civil servant employed by an international organisation. However, this loss, if it be a loss, was only remotely, and too remotely, connected with the complainant’s dismissal. This claim is rejected.
tax; causal link
The next head of material damages claimed, is the costs she has incurred in seeking to obtain the status of a legal resident in Spain where she owns a house and a car and has an established life. Before her dismissal she had the benefit of residency as a result of the Headquarters Agreement between the Kingdom of Spain and the World Tourism Organization. Again, however, this loss, if it be a loss, was only remotely, and too remotely, connected with the complainant’s dismissal. This claim is rejected.
residence permit; material damages; causal link