|
|
 |
|
|
Refund (487,-666)
You searched for:
Keywords: Refund
Total judgments found: 86
1, 2, 3, 4, 5 | next >
Judgment 5142
141st Session, 2026
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.
Judgment keywords
Keywords:
complaint allowed; medical insurance; organisation's duties; refund;
Judgment 5035
140th Session, 2025
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Le requérant conteste les décisions de rejet de ses demandes de remboursement spécial des frais de garde-malade de son épouse.
Judgment keywords
Keywords:
complaint allowed; medical expenses; refund;
Consideration 15
Extract:
[S]i les dispositions réglementaires prises pour l’application de l’article 72 pouvaient certes limiter le montant du remboursement spécial attribué, ou écarter la prise en compte de frais ne correspondant pas à des prestations médicales, elles ne pouvaient en revanche légalement exclure tout remboursement spécial au titre de frais correspondant à des prestations médicales. Le Tribunal a en effet considéré qu’une disposition qui aurait cet objet violerait la norme de rang supérieur que constitue le paragraphe 3 de l’article 72 du Statut, en ce qu’elle conduirait à vider cette norme de sa substance, et excéderait en outre, par là-même, le champ de la délégation conférée au Directeur général pour édicter les textes d’application de cet article (voir les jugements 2155, au considérant 6, 2154, au considérant 6, et 2153, au considérant 15).
Reference(s)
ILOAT Judgment(s): 2153, 2154, 2155
Keywords:
medical expenses; refund;
Judgment 5032
140th Session, 2025
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: La requérante conteste la décision de limiter dans le temps le remboursement de sommes déduites du montant des allocations familiales versées par l’Organisation au titre de sommes perçues d’un régime de protection sociale national.
Judgment keywords
Keywords:
complaint dismissed; family allowance; refund; social protection;
Consideration 6
Extract:
La requérante fait valoir que, en l’absence de texte applicable en la matière, l’Organisation serait tenue, en vertu d’un principe général du droit, de restituer toutes les sommes qui avaient été illégalement prélevées sur sa rémunération. Elle soutient ainsi que l’«allocation [d’]orphelin [versée par l’organisme belge] ayant été retenue illégalement, [celle-ci] doit [lui] être restituée en intégralité», et ce, «depuis le début des retenues opérées».
Mais la jurisprudence du Tribunal ne reconnaît pas l’existence d’un principe général du droit qui imposerait, en l’absence de texte, le remboursement intégral, sans limitation dans le temps, de montants indûment retenus sur la rémunération versée à un fonctionnaire international.
Keywords:
refund;
Judgment 4995
139th Session, 2025
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the terms on which he was reimbursed for his disabled child’s educational costs.
Judgment keywords
Keywords:
complaint dismissed; dependent child; education expenses; handicapped person; refund;
Judgment 4695
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision requiring him to reimburse the undue payments of salary he received during absences that were declared to be unjustified by the Administration.
Judgment keywords
Keywords:
complaint allowed; recovery of overpayment; refund; unauthorised absence;
Judgment 4671
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.
Judgment keywords
Keywords:
complaint allowed; medical insurance; negligence; organisation's duties; refund;
Judgment 4670
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.
Judgment keywords
Keywords:
complaint allowed; medical insurance; negligence; organisation's duties; refund;
Judgment 4669
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.
Judgment keywords
Keywords:
complaint allowed; interest on arrears; medical insurance; negligence; organisation's duties; refund;
Consideration 4
Extract:
Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainant’s claim for interest for late payment on the sums that were repaid to her. Although in his letter of 8 July 2020 the Secretary General insisted that no individual decision had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions, and the corresponding interest, conditional on the successful conclusion of discussions with France and implied that interest for late payment could be considered only if URSSAF or the French authorities paid such interest. He therefore took a decision adversely affecting the complainant for the purposes of the Tribunal’s case law.
Keywords:
decision; host state; injury; refund;
Judgment 4668
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.
Judgment keywords
Keywords:
complaint allowed; medical insurance; negligence; organisation's duties; refund;
Consideration 4
Extract:
Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainant’s claim for repayment of the wrongly deducted amounts of ESC and the corresponding interest. Although in his letter of 8 July 2020 the Secretary General insisted that no individual decisions had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions conditional on the successful conclusion of discussions with France and clearly implied that a refund would only be possible if URSSAF repaid the sums in question. He therefore took a decision adversely affecting the complainant for the purposes of the Tribunal’s case law.
Keywords:
decision; host state; injury; refund;
Judgment 4667
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants seek the restitution of amounts wrongly deducted from their salaries in respect of sickness insurance contributions.
Consideration 5
Extract:
Contrary to what the Organization contends, the Secretary General did in fact take a decision on the complainants’ claims for repayment of the wrongly deducted amounts of ESC and the corresponding interest. Although in his letters of 8 July 2020 the Secretary General insisted that no individual decisions had yet been taken regarding the reimbursement of the ESC wrongly received by URSSAF for periods prior to 2016, he essentially made any future reimbursement of these contributions conditional on the successful conclusion of discussions with France and clearly implied that a refund would only be possible if URSSAF repaid the sums in question. He therefore took a decision adversely affecting the complainants for the purposes of the Tribunal’s case law.
Keywords:
decision; host state; injury; refund;
Judgment 4425
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject her request for reimbursement of the cost of her spa cure as a type A cure undergone for “absolute medical necessity”.
Consideration 7
Extract:
[T]he Office had informed the complainant that her request for reimbursement of the cost of her spa cure could not be processed under Article 20, point 4.8(a), of the Collective Medical Insurance Contract, first, because of a change in the rules and, subsequently, rather, because of a stricter application of the reimbursement criteria for type A cures. This was wrong in law because, as the case law confirms, the principle of non-retroactivity requires that a new administrative practice (which must also include a decision to apply stricter criteria) must be clearly announced to staff prior to its application (see, for example, Judgment 3884, considerations 4 and 12, and the case law cited therein). There is no evidence that a decision to change the rules and/or to apply stricter criteria for reimbursement of the cost of type A cures was announced to EPO staff prior to determining that the complainant was not to be reimbursed for a type A cure.
Reference(s)
ILOAT Judgment(s): 3884
Keywords:
medical expenses; non-retroactivity; practice; refund;
Judgment 3424
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the impugned implied decision was flawed.
Consideration 15
Extract:
"The complainant requests the Tribunal to find that, should this sum be subject to national taxation, he would be entitled to a refund of the tax paid from the Global Fund. However, in the absence of a present cause of action in this respect, the claim must be dismissed as irreceivable (see, for example, Judgments 3255, under 15, or 3270, under 10)."
Reference(s)
ILOAT Judgment(s): 3255, 3270
Keywords:
refund; tax;
Judgment 3423
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the impugned implied decision was flawed.
Considerations 16 and 17
Extract:
"The complainants request the Tribunal to find that, should the sums awarded to them be subject to national taxation, they would be entitled to a refund of the tax paid from the Global Fund. However, in the absence of a present cause of action in this respect, the claim must be dismissed as irreceivable (see, for example, Judgments 3255, under 15, or 3270, under 10).
The Fund requests, as a counterclaim, that the complainants be ordered to pay costs. But the very fact that the complainants succeed in part is sufficient to demonstrate that their complaints were not vexations and that this claim must therefore be rejected."
Reference(s)
ILOAT Judgment(s): 3255, 3270
Keywords:
refund; tax;
Judgment 3361
118th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision rejecting her request seeking payment of the costs of an orthodontic treatment and a surgical operation.
Consideration 11
Extract:
"It is true that the General Provisions require the application for prior authorisation to be made before the treatment or services begin, but they do not require authorisation to be given before that time. It was therefore open to the complainant to run the risk of having to bear the cost of the operation herself if the refusal of prior authorisation was later confirmed."
Keywords:
refund;
Judgment 3354
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal set aside the decision dismissing the complainant’s request for the reimbursement of pharmaceutical costs on the ground that the case should have been referred to the Medical Committee.
Consideration 10
Extract:
"[T]he President should not have, as she did in the impugned decision, dismissed out of hand the complainant’s appeal against the rejection of his claim for reimbursement for the product and the treatment. The matter should have been considered by the Medical Committee before such action was taken, if it accorded with the opinion of the Medical Committee. Accordingly, the impugned decision is flawed and should be set aside."
Keywords:
medical opinion; refund;
Judgment 3281
116th Session, 2014
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Tax refunds due as a result of tax credits.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; domestic law; member state; organisation's duties; payment; reckoning; refund; salary; staff regulations and rules; status of complainant; tax;
Judgment 3020
111th Session, 2011
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."
Reference(s)
Organization rules reference: WTO Staff Rule 106.11
Keywords:
allowance; breach; compensatory allowance; decision quashed; deduction; domestic law; effect; equal treatment; grounds; marital status; official; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction of salary; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;
Judgment 2899
108th Session, 2010
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
The complainant refused to accede to EFTA's request for reimbursement of an amount allegedly overpaid.
"Contrary to his submissions, the complainant could not refuse [...] to comply with the Association's express and repeated requests for reimbursement. As the internal appeal procedure does not have a suspensory effect, and even though [EFTA] would no doubt have been wiser to await its completion before demanding payment of the debt, he was bound to comply with these requests. His refusal to accede to them thus constituted misconduct which could lead to a disciplinary sanction [...]."
Keywords:
breach; condition; disciplinary measure; internal appeal; procedure before the tribunal; recovery of overpayment; refund; refusal; request by a party; staff member's duties; suspensory effects;
Consideration 20
Extract:
"[T]he Tribunal's case law has it that an international organisation which has mistakenly overpaid an official must take into account any circumstances which would make it unfair or unjust to require repayment of the sum in question - at least the full amount thereof. Relevant circumstances include the good or bad faith of the staff member, the sort of mistake made, the respective responsibilities of the organisation and the person concerned for the causes of the mistake and the inconvenience to which the staff member would be put by repayment that is required as a result of the organisation's oversight (see Judgments 1111, under 2, and 1849, under 16 and 18)."
Reference(s)
ILOAT Judgment(s): 1111, 1849
Keywords:
case law; cause; condition; consequence; equity; good faith; liability; mistake of fact; official; organisation; organisation's duties; recovery of overpayment; refund; request by a party;
Judgment 2862
108th Session, 2010
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
The critical issue raised by this complaint is whether the complainant was entitled to reimbursement of income tax levied in Canada on the salary and allowances received by her from the Organization.
"It is not in dispute that the complainant was informed before she accepted the offer of appointment that she was not entitled to reimbursement of income tax paid in Canada. She claims that the information given to her at that time was false and that at all relevant times the Staff Regulations and Rules provided for reimbursement [...]. In support of her claim she provides a version of Annex A to the Staff Regulations and Rules [...]. IOM produces another version [of the said Annex]."
"IOM seeks an order for costs against the complainant. Given that initial correspondence with the complainant suggested that income tax would be reimbursed, and given also the confusion relating to the precise terms of Annex A, including that the complainant was provided with a hard copy of the annex in its unamended form, this is not an appropriate case in which to award costs against the complainant."
Keywords:
costs; organisation's duties; payment; refund; staff regulations and rules; tax;
Judgment 2556
101st Session, 2006
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The Organisation adopted a new method of calculating replacement days granted to inspectors returning from a Chemical Weapons Destruction Facilities inspection because of the inconsistency between the practice with regard to replacement days and the terms of Administrative Directive AD/PER/12. The complainant contested that new method. Because the earlier practice had become in its view "well established", the Appeals Council recommended that the appeal be upheld, the previous practice reinstated and the replacement days that should have been granted in accordance with that practice reimbursed. The Tribunal considers that "[a]s the practice of granting a replacement day for each Saturday, Sunday or official OPCW holiday falling during an inspection period is inconsistent with the terms of AD/PER/12, that practice cannot be elevated to the status of law so as to entitle the complainant to additional replacement days, as was seemingly thought by the Appeals Council."
Reference(s)
Organization rules reference: OPCW Administrative Directive AD/PER/12
Keywords:
administrative instruction; advisory opinion; compensatory measure; difference; internal appeal; internal appeals body; organisation's duties; practice; precedence of rules; provision; public holiday; reckoning; recommendation; refund; right; written rule;
1, 2, 3, 4, 5 | next >
|
|
|
|
|
