Medical insurance (858,-666)

You searched for:
Keywords: Medical insurance
Total judgments found: 8

• 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.

  Considerations 12-13

  Extract:

  [S]ince reimbursement of the disputed contributions for the 2009-2012 period did not appear clearly impossible in the light of the aforementioned decision of the French Constitutional Council and the above-mentioned provisions of the French Social Security Code, the Tribunal considers that the Organization ought, at the very least, to have expressly requested URSSAF or the French public authorities to effect that reimbursement.
  Interpol’s decision to affiliate its officials to the French social security scheme did not in any way release it from its obligations towards them. While it is true that the Organization only deducted the ESC following what it believed, wrongly, to be the applicable French law on the matter, it cannot take refuge behind the fact that it acted only as an intermediary, nor behind its status as an international organisation with no responsibility of its own for the application of that law. In fact, it is pursuant to Staff Regulation 7.1 that the Organization’s officials are usually covered by the compulsory social security schemes in force in the States in which they are stationed, unless the Organization decides otherwise. The officials concerned thus have no choice in this regard and it is therefore unreasonable to suggest that it was their own responsibility to pursue the matter with the French authorities and courts of their own accord, assuming this would be possible.

  Keywords:

  domestic law; medical insurance; organisation's duties;
  

  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;
  

  
  
  

• 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.

  Considerations 10-11

  Extract:

  [S]ince reimbursement of the disputed contributions for the 2009-2012 period did not appear clearly impossible in the light of the aforementioned decision of the French Constitutional Council and the above-mentioned provisions of the French Social Security Code, the Tribunal considers that the Organization ought, at the very least, to have expressly requested URSSAF or the French public authorities to effect that reimbursement.
  Interpol’s decision to affiliate its officials to the French social security scheme did not in any way release it from its obligations towards them. While it is true that the Organization only deducted the ESC following what it believed, wrongly, to be the applicable French law on the matter, it cannot take refuge behind the fact that it acted only as an intermediary, nor behind its status as an international organisation with no responsibility of its own for the application of that law. In fact, it is pursuant to Staff Regulation 7.1 that the Organization’s officials are usually covered by the compulsory social security schemes in force in the States in which they are stationed, unless the Organization decides otherwise. The officials concerned thus have no choice in this regard and it is therefore unreasonable to suggest that it was their own responsibility to pursue the matter with the French authorities and courts of their own accord, assuming this would be possible.

  Keywords:

  domestic law; medical insurance; organisation's duties;
  

  Judgment keywords

  Keywords:

  complaint allowed; medical insurance; negligence; organisation's duties; 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.

  Judgment keywords

  Keywords:

  complaint allowed; medical insurance; negligence; organisation's duties;
  

  Considerations 11-12

  Extract:

  [S]ince reimbursement of the disputed contributions for the 2009-2012 period did not appear clearly impossible in the light of the aforementioned decision of the French Constitutional Council and the above-mentioned provisions of the French Social Security Code, the Tribunal considers that the Organization ought, at the very least, to have expressly requested URSSAF or the French public authorities to effect that reimbursement.
  Interpol’s decision to affiliate its officials to the French social security scheme did not in any way release it from its obligations towards them. While it is true that the Organization only deducted the ESC following what it believed, wrongly, to be the applicable French law on the matter, it cannot take refuge behind the fact that it acted only as an intermediary, nor behind its status as an international organisation with no responsibility of its own for the application of that law. In fact, it is pursuant to Staff Regulation 7.1 that the Organization’s officials are usually covered by the compulsory social security schemes in force in the States in which they are stationed, unless the Organization decides otherwise. The officials concerned thus have no choice in this regard and it is therefore unreasonable to suggest that it was their own responsibility to pursue the matter with the French
  authorities and courts of their own accord, assuming this would be possible.

  Keywords:

  domestic law; medical insurance; organisation's duties;
  

  
  
  

• Judgment 4577

  
  135th Session, 2023
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Follow-up judgment for the determination of material damages and consequential orders.

  Consideration 6

  Extract:

  In relation to health insurance, the complainant has continued to contribute to the after-service health insurance Scheme and make payments to UNWTO’s health insurance provider. In total she will have, by September 2025, paid approximately 15,000 euros in this respect. The complainant requests that she be reimbursed these amounts because the amounts claimed for future loss of salary were net amounts. That is to say, as the Tribunal understands the argument, if she had succeeded in claiming the full amount of future salary lost it would not have included contributions made as just discussed. The contributions should be provided for separately by a specific award of damages. But the complainant derives a benefit from making these payments. They do not constitute a compensable loss. Accordingly, this claim is rejected.

  Keywords:

  health insurance; material damages; medical insurance;
  

  
  
  

• Judgment 4576

  
  135th Session, 2023
  World Tourism Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Follow-up judgment for the determination of material damages and consequential orders.

  Consideration 6

  Extract:

  [A]ny financial loss associated with the deprivation of membership of a particular health fund would include a loss occasioned by the non-payment of claims for medical expenses incurred and otherwise recoverable from that fund. [T]he complainant does not establish that he could be enrolled in that health fund in the absence of actually serving, as a matter of fact, the qualifying period.

  Keywords:

  health insurance; material damages; medical insurance;
  

  
  
  

• Judgment 4517

  
  134th Session, 2022
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks restoration of her entitlements to healthcare and health insurance.

  Judgment keywords

  Keywords:

  duty of care; former official; medical insurance;