Judgment No. 4553
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to recover sums which were unduly paid to him as dependent child allowance.
Judgment keywords
Keywords
recovery of overpayment; child's benefit; complaint dismissed
Consideration 7
Extract:
The complainant [...] contends that the IAC opinion was biased. According to him, the two representatives appointed to the IAC by the staff representation and their alternates were under an ever-present threat of disciplinary measures if they complained to the Organisation about their high workload on the IAC.
The Tribunal observes, however, that the complainant does not adduce the evidence of such a lack of impartiality required under its case law (see, for example, Judgments 4422, consideration 17, and 4097, consideration 14). Mere suspicions and unproven allegations are plainly insufficient in this regard.
Reference(s)
ILOAT Judgment(s): 4097, 4422
Keywords
internal appeals body; bias
Consideration 8
Extract:
[A]lthough the complainant takes issue with the slowness of the internal appeal procedure, he has not shown in his submissions that he thereby suffered injury warranting higher compensation than the sum of 200 euros already awarded to him under that head in the impugned decision.
Keywords
delay; delay in internal procedure
Consideration 4
Extract:
[T]he complainant’s reference to German law is irrelevant since Article 69(4)(b) of the Service Regulations is intended to apply and be interpreted autonomously and independently of provisions of national law (see, for example, Judgment 4401, consideration 6).
Reference(s)
ILOAT Judgment(s): 4401
Keywords
domestic law
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