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Refund (487,-666)

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Keywords: Refund
Total judgments found: 76

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  • Judgment 1438


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was denied a further extension of the period in which he was entitled to claim the refund of removal expenses. The Tribunal considers that "in accordance with its case law, [it] will not substitute its own views for those of the director-general in a matter in which he has discretion."

    Keywords:

    case law; discretion; executive head; judicial review; new time limit; refund; removal expenses; time limit;



  • Judgment 1367


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 16

    Extract:

    "The dispute is about the time in which a staff member of WHO may exercise his right to removal of his household effects at the organization's expense upon retirement. [...] The Director-General's decision is arbitrary, not just because it fails to state the reasons for choosing the [...] new deadline for the refund of the costs of removal, but because it gives no consistent reply to the complainant's claim. It is a wrong exercise of discretion."

    Keywords:

    bias; breach; decision; discretion; duty to substantiate decision; limits; refund; removal expenses; time limit;



  • Judgment 1366


    77th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

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

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

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



  • Judgment 1347


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "The conclusion is that she did not take sufficient care to make full disclosure to the organization of the assistance given by the university."

    Keywords:

    allowance; amount; duty to inform; education expenses; refund; staff member's duties; unjust enrichment;

    Consideration 14

    Extract:

    The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "Having obtained financial benefits to which she was not entitled, the complainant was under an obligation to refund the over-payments and the PAHO was entitled to recover them."

    Keywords:

    allowance; amount; education expenses; recovery of overpayment; refund; unjust enrichment;



  • Judgment 1224


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    The complainant is challenging the Agency's refusal to refund her taxes according to a specific method. She alleges discriminatory treatment inasmuch as officials of the United Nations Organisation and other international organisations have the benefit of that method. "In this particular area there is no common-system method which the Agency is in law obliged to apply. The principle of equal treatment therefore does not necessarily mean equal treatment for the staff of the various international organisations, each of which is autonomous and applies its own rules and regulations to its staff."

    Keywords:

    coordinated organisations; equal treatment; refund; rule of another organisation; tax;



  • Judgment 1195


    73rd Session, 1992
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    The complainant having received undue payment, the Union claimed a refund. The complainant challenges this on the grounds that "because of prescription the debt has become unenforceable. There is indeed a widely recognised principle that lapse of time may extinguish an obligation, but the difficulty here is that the Union's rules set no time limit for such extinctive prescription." However the Tribunal holds that the time between the payment of the material sums and the Union's request for their repayment "was not long enough to warrant declaring the undue payments irrecoverable. Not only is the period of extinctive prescription much longer in most national systems of law, but the complainant pleads no personal difficulty or hardship in making repayment: the Union is not claiming lump-sum reimbursement but is spreading it over eighteen months."

    Keywords:

    debt; domestic law; reasonable time; recovery of overpayment; refund; time limit;

    Consideration 3

    Extract:

    "It is a general principle of law that any sum paid on a mistaken assumption of fact is recoverable. And since the complainant received payment on the assumption that her husband was her dependant and since that assumption later proved to be mistaken, the sums she received are, according to that principle, recoverable."

    Keywords:

    family allowance; general principle; recovery of overpayment; refund; right;



  • Judgment 1182


    73rd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Under Articles R IV 2.01 and 2.02 of CERN's Staff Regulations staff members must comply with national tax law. CERN, however, refunds any direct taxation on pay upon receiving proof of payment. The complainant, a Frenchman, met his obligations toward his home country. Owing to a peculiar feature of French tax law, part of the amount he had paid did not appear on the supporting documents which he had submitted to CERN with his claim for refund. The organization's decision must be set aside because it is at odds with the principle "that all the staff of an organisation shall enjoy equal treatment".

    Reference(s)

    Organization rules reference: ARTICLE R IV 2.01 OF THE CERN STAFF REGULATIONS;
    ARTICLE R IV 2.02 OF THE CERN STAFF REGULATIONS

    Keywords:

    equal treatment; privileges and immunities; refund; staff regulations and rules; tax;



  • Judgment 1180


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    The complainant received treatment in a clinic. He had an operation and on that account spent five days in the clinic's department of surgery. The organisation agreed to refund the costs of his operation and the five-day hospital stay which it entailed. However it refused to regard the remainder of his stay in the clinic as "hospitalisation" and treated it as "a cure at a watering place". The material issue is whether that decision was lawful. "The Tribunal is satisfied that the Director General was right to decide that the complainant's stay at the clinic did not warrant the refund of his costs at the 'hospitalisation' rate [...] and that to regard but five days of that stay as 'a cure at a watering place' rather than hospitalisation for medical treatment was in line with the material rules."

    Keywords:

    cure; health insurance; illness; medical expenses; refund;



  • Judgment 1148


    72nd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    The complainant objects to the Sickness Fund's refusal to refund the costs of a given item. "Eurocontrol has [...] discretion under Article 24, which empowers the fund to refuse refund of the costs of treatment which the medical officer deems to be 'non-functional, superfluous or unnecessary'. As was said in Judgment 1088, [article] 24 covers all sorts of 'treatments', however the term 'pharmaceutical product' in [article] 14 is to be construed."

    Reference(s)

    Organization rules reference: ARTICLES 14 AND 24 OF RULE 10
    ILOAT Judgment(s): 1088

    Keywords:

    definition; discretion; health insurance; insurance; limits; medical consultant; medical expenses; refund; refusal;

    Considerations 12-13

    Extract:

    Having submitted a claim for the refund of the costs of an item, the complainant first received a statement from the Sickness Fund which alluded to "non-refundable items". Only later did a note indicate which items were being refused. Eurocontrol contends that the time limit ran from the date at which she got the original statement from the Fund, the later note having merely confirmed the earlier decision. "The argument fails. The cryptic allusion in the statement to 'non-refundable items' did not suffice to tell the complainant just what she was being refused. The 'act adversely affecting' her - to quote the Regulations - did not become specific until she got the [note] and so that is the date at which the time limit for her internal appeal began. [...] She acted in time."

    Keywords:

    confirmatory decision; decision; health insurance; medical expenses; refund; start of time limit; time limit;



  • Judgment 1139


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    The complainant was to undergo a course of sea-water therapy following an accident recognised as attributable to the performance of official duties. Although she had been told of the amount she was to get in compensation for her expenses, she spent considerably more. "It was not reasonable of her to assume that the expenses of a stay in a luxury hotel would be repaid when all indications [...] were to the contrary." There being other hotels to choose from, "it was not essential to the success of the treatment that the complainant should stay at the most luxurious".

    Keywords:

    cure; health insurance; medical expenses; refund;



  • Judgment 1118


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 18-19

    Extract:

    The complainants seek the quashing of a 1.25 per cent "reduction" in the repayment of education expenses in keeping with a decision taken by Eurocontrol's Permanent Commission to bring in a 5 per cent differential between net pay at Eurocontrol and net pay in the European Communities. The Tribunal holds that "the objection that there has been no statement of the reasons is unsound: the staff have known all along the reasons for the adjustments, which have been fully discussed in the context of the cases. There was therefore no need to state reasons for the individual decisions [...]. The Tribunal may [not] review the reasons of policy underlying the general decision." Besides, the reasons fall within the ambit of Article 65.

    Reference(s)

    Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS

    Keywords:

    adjustment; competence of tribunal; duty to substantiate decision; education expenses; general decision; grounds; individual decision; judicial review; reduction of salary; refund; salary;

    Consideration 25

    Extract:

    "According to Articles 62 and 67 of the Staff Regulations, one item of pay is family allowances; they include the education allowance, of which education expenses form a part, and, contrary to what the complainants make out, the fact that such expenses are paid on the strength of supporting evidence does not make the education allowance as a whole any less an item of pay."

    Reference(s)

    Organization rules reference: ARTICLES 62 AND 67 OF THE EUROCONTROL STAFF REGULATIONS

    Keywords:

    education expenses; elements; family allowance; refund; salary;



  • Judgment 1101


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainants, who are employees of Eurocontrol, seek the quashing of an Office Notice insofar as it informs staff that expenses arising from trace-element therapy (oligo-elements), aromatherapy and phytotherapy are not to be refunded. The Agency pleas that the complaint is irreceivable. "It is worth pointing out that in Judgment 961 [...] of 27 June 1989 the Tribunal held that it was 'competent only to entertain individual and actual disputes' and would not make prior rulings of general purport. Again in Judgment 1081 [...] of 29 January 1991 it affirmed that no appeal would lie against a general decision provided that it was such as needed in all cases to be followed by a challengeable individual one."

    Reference(s)

    ILOAT Judgment(s): 961, 1081

    Keywords:

    administrative instruction; cause of action; competence of tribunal; general decision; health insurance; individual decision; medical expenses; receivability of the complaint; refund; refusal;

    Consideration 9

    Extract:

    The complainants are challenging an Office Notice that merely informs them that expenses incurred for certain forms of treatment will not be refunded. "There will be a decision challengeable under Article VII of the Tribunal's Statute only when Eurocontrol has, in accordance with its rules, refused a staff member refund of the cost of a particular sort of treatment. The Tribunal will then rule according to the criteria it stated in Judgment 1088 of 29 January 1991, taking medical advice if need be. It may not make a prior ruling of general application to the sorts of treatment covered by the Office Notice."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE
    ILOAT Judgment(s): 1088

    Keywords:

    administrative instruction; competence of tribunal; general decision; health insurance; individual decision; medical expenses; receivability of the complaint; refund;



  • Judgment 1096


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In Judgment 963 the Tribunal set aside in part an initial reduction in the rate of refund of educational expenses at Eurocontrol insofar as the reduction was given retroactive effect. The present complaints challenge the second reduction. Recalling a recurring principle in the case law (see Judgments 726 and 825) that "a reduction in pay may not be so great as to disrupt the structure of the terms of appointment and that there must be sound reasons for it", the Tribunal orders further submissions in which the defendant organisation shall explain in greater detail the favourable effects of the measure.

    Reference(s)

    ILOAT Judgment(s): 726, 825, 963

    Keywords:

    duty to substantiate decision; education expenses; further submissions; interlocutory order; reduction of salary; refund; salary;



  • Judgment 1095


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's fees for difficult confinement were refunded at the 100 per cent rate up to a maximum limit reckoned by likening the treatment she received to a surgical operation. Though the Tribunal finds nothing wrong with setting maximum limits in general it holds that there was no valid limit at the material time on costs incurred for difficult confinements and that the complainant was entitled to the refund of her confinement expenses in full.

    Keywords:

    amount; analogy; flaw; health insurance; maximum limit; medical expenses; no provision; rate; reckoning; refund;



  • Judgment 1094


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 33

    Extract:

    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."

    Keywords:

    case sent back to organisation; decision quashed; flaw; health insurance; medical expenses; refund;

    Considerations 24-25

    Extract:

    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.

    Reference(s)

    Organization rules reference: ARTICLE 72 OF EUROCONTROL STAFF REGULATIONS

    Keywords:

    health insurance; illness; insurance; maximum limit; medical expenses; refund; social solidarity;



  • Judgment 1088


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    At issue is the organisation's refusal to refund the costs of Serocytol, a pharmaceutical product which Eurocontrol regards as of no curative effect. The organisation did not go beyond the bounds of the discretion it has in the matter under Article 24(2) of Rule no. 10 concerning health and accident insurance.

    Reference(s)

    Organization rules reference: ARTICLE 24(2) OF RULE NO. 10

    Keywords:

    discretion; health insurance; medical expenses; refund; refusal;



  • Judgment 1053


    69th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7, Summary

    Extract:

    When the complainants retired in 1988 they chose to take partial lump-sum payment of their pensions in the belief that United States taxes levied on those amounts would be reimbursed in keeping with a practice that remained in force until 1989. But they were denied reimbursement. As the complainants all believed the practice to be applicable when they made their choice, both the principle of non-retroactivity and that of good faith apply.

    Keywords:

    amendment to the rules; date; good faith; lump-sum; non-retroactivity; pension; pension entitlements; practice; refund; retirement; tax;

    Summary

    Extract:

    In respect of tax reimbursement the IAEA took the reference in Provisional Staff Regulation 5.02(a) to "salaries or allowances paid by the Agency" to cover lump-sum payments from the United Nations Joint Staff Pension Fund between 1980 and 1989. The Tribunal holds that, "having been followed over several years,the interpretation became part of the Agency's personnel policy and had to be applied to all departing staff members who found themselves in similar circumstances. If the Agency chose to take a different view of the interpretation at a later stage, it could not in doing so break with the general principle of good faith which it is required to observe in dealings with its staff members."

    Reference(s)

    Organization rules reference: IAEA PROVISIONAL STAFF REGULATION 5.02(A)

    Keywords:

    amendment to the rules; good faith; interpretation; lump-sum; pension; practice; refund; staff regulations and rules; tax;



  • Judgment 1051


    69th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    ITU Staff Regulation 3.11.II.C.1 provides for differential reimbursement of education expenses according to whether or not the educational institution provides the child with board. The complainant submits that such a provision is discriminatory; as his son attends a school which does not provide board, he gets a smaller amount than others. The Tribunal holds that different contingencies call for different means of reimbursement.

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 3.11.II.C.1

    Keywords:

    difference; education expenses; equal treatment; refund;



  • Judgment 997


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "By virtue of Judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. The benefits he would have been entitled to but for dismissal included home leave for himself and his family [...]. Should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of Judgment 996."

    Reference(s)

    ILOAT Judgment(s): 996

    Keywords:

    allowance; consequence; decision quashed; home leave; refund; reinstatement; right; salary; termination of employment;



  • Judgment 992


    68th Session, 1990
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's application for permission to take a cure prescribed by his doctor was rejected. The Agency's medical officer reported to the health fund that the doctor had given no clear evidence of the need for the prescribed treatment. In keeping with Article 20 of Rule No. 10 concerning sickness and accident insurance, expenses relating to a cure shall be refunded provided that the cure "is recognised as strictly necessary by the medical officer". The Tribunal sees nothing improper in the medical officer's assessment nor in the administration's ensuing denial of permission.

    Keywords:

    cure; health insurance; medical consultant; medical expenses; medical opinion; refund; refusal;

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