Property rights (753,-666)

You searched for:
Keywords: Property rights
Total judgments found: 1

• Judgment 3034

  
  111th Session, 2011
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  Although the Tribunal has already had occasion to state that international organisations must respect their officials’ property rights (see Judgment 2292, under 11), this plea will not succeed in the instant case. The complainants’ pension benefits probably do not equate exactly to the capital of their transferred rights, but this situation, which is inherent in the functioning of every social insurance scheme, is in itself by no means abnormal, provided of course that any losses suffered by the persons concerned remain minimal. There is no evidence to show that the conditions on which the pensionable years credited to the complainants were calculated result in non-compliance with this requirement, even though they are indeed less favourable than those provided for under the previous rules. Moreover, it would in any case be difficult to tax the Agency with thus despoiling its officials, as it must be emphasised that the transfer of pension rights acquired with a national pension scheme is no more than an option available to them, which they are free not to use if they prefer to maintain their pension rights as they stand under their original scheme.

  Reference(s)

  ILOAT Judgment(s): 2292
  

  Keywords:

  pension; property rights;