Ex gratia (548,-666)

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Keywords: Ex gratia
Total judgments found: 3

• Judgment 2008

  
  90th Session, 2001
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[The organization] submits that the Tribunal is not competent to entertain the complaint because, having left [the organization] many years ago the complainant is not in a position to assert any statutory or contractual rights: he benefited from a special extra-statutory arrangement made ex gratia and may not assert for his family any right arising under the terms of his appointment. The objection to the Tribunal's jurisdiction fails: [the organization] allowed its former employee to retain coverage by a health insurance scheme which he had originally been able to join only because of his employment relationship with [it]. Whether the continued protection he was granted albeit ex gratia may also be extended to his family can be determined only by ascertaining his rights as a former employee of the organization."

  Keywords:

  competence of tribunal; complainant; ex gratia; extension of contract; health insurance; locus standi; medical expenses; receivability of the complaint; right; status of complainant; tribunal;
  

  
  
  

• Judgment 1665

  
  83rd Session, 1997
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  The complainant argues "that by awarding him the ex gratia benefit [the Governing Board of the CERN Pension Fund] held him to be entitled to a partial incapacity pension. That is not so. The Board had already concluded, since he did not qualify under the Rules, that he was entitled to a pension neither for total nor for partial incapacity. It was prepared to grant him a pension for loss of earning capacity i.e. an 'unsuitability pension'; but, having heard him, it decided as an exceptional measure to grant him instead ex gratia benefits equivalent to the 'partial incapacity pension'. Granting him the equivalent is not the same thing as actually awarding him such a pension."

  Keywords:

  cern pension fund; disability benefit; ex gratia; incapacity; medical fitness;
  

  
  
  

• Judgment 123

  
  20th Session, 1968
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  In approving the complainant's request for application for repatriation grant, the organisation misinterpreted the material provisions. Payment to the complainant was approved ex gratia. It was however subject to a provision which the organisation "implicitly waived [...] by refraining from claiming repayment of this amount in the course of the present procedure. [The] complainant's right to keep the money he has received is thus not in question."

  Keywords:

  ex gratia; recovery of overpayment; repatriation allowance; unjust enrichment;