Judgment No. 2968

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 02.02.2011
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 4

Extract:

[A]ccording to Article 87 of the Staff Regulations, Eurocontrol was required to recover [the overpayment]. As the Agency was bound to recover the unduly paid amounts, there can be no claim of inequality of treatment. Furthermore, the Tribunal is of the opinion that the e-mail exchanges between the Administration and the complainant regarding the correction of the error, as well as the reasonable repayment schedule, are sufficient to establish that the Agency acted in good faith and fulfilled its duty of care towards him.
The complaint is therefore unfounded and must be dismissed.

Keywords

recovery of overpayment