Parent (339,-666)

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Keywords: Parent
Total judgments found: 5

• Judgment 2847

  
  107th Session, 2009
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The purpose of the family allowances which Eurocontrol pays to officials with dependent children is to contribute financially towards these children's maintenance, and the aim of the rule laid down in [Article 67(2) of the Staff Regulations], according to which the amount of these allowances must be reduced by the amount of allowances of the same kind paid from other sources, such as family allowances paid by a national authority, is to prevent two benefits from being granted concurrently for the same children, since this would plainly result in the unlawful enrichment of the recipient family.
  In this regard, the fact that the [national authority] does not make payments to the official himself, but to his spouse (or, as in this case, his partner), is of course immaterial. If the two benefits in question are being paid for the maintenance of the same children, they cannot be drawn simultaneously by the parents without contravening the very purpose of this rule against concurrent benefits."

  Reference(s)

  Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency
  
  

  Keywords:

  accumulation; amount; breach; dependent child; domestic law; family allowance; marital status; parent; purpose; rate; staff regulations and rules; unjust enrichment; written rule;
  

  
  
  

• Judgment 2637

  
  103rd Session, 2007
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "So far as concerns the education grant, the argument of discrimination against persons who are the children of international civil servants must [...] be rejected. [The Tribunal considers that] the purpose of the grant is not to confer a financial benefit but to enable a child of a staff member to be educated in the mother tongue of his or her parent and, ordinarily, that will be the language of the country with which the staff member has the closest connection."

  Keywords:

  allowance; breach; dependent child; education expenses; equal treatment; nationality; official; parent; place of origin; purpose;
  

  
  
  

• Judgment 1814

  
  86th Session, 1999
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Though the Director General does have discretion [as to who may be considered as a dependent child], the staff member must be made aware of any criteria he is applying." (See Judgment 1204.)

  Reference(s)

  ILOAT Judgment(s): 1204
  

  Keywords:

  criteria; dependant; dependent child; discretion; duty to inform; executive head; family allowance; limits; organisation's duties; parent;
  

  
  
  

• Judgment 1142

  
  72nd Session, 1992
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  One of the organisation's reasons for refusing the complainant's claim to dependants' allowance for his parents was that they resided in the Netherlands - his duty station - and lived in a flat that belonged to him. Since his mother owned a flat in Rome, the income she could have had from letting that flat had to be taken into account. The Tribunal holds that his "parents are resident, not in the Netherlands, but in Rome. The fact that when visiting the Netherlands, and for whatever length of time, they live in the flat belonging to him is immaterial and affords no grounds for letting his mother's flat in Rome. [...] The organisation's mistake on that score appears to have been a main factor in the President's decision".

  Keywords:

  allowance; condition; dependant; family allowance; mistake of fact; parent;
  

  
  
  

• Judgment 952

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  "The burden is on the complainant to satisfy the organization that the adoption was lawful, and he has failed to discharge it. [...] The complainant has not met the further requirement that he must satisfy the organization that at the date of the adoption the parents of his grandson were deceased or permanently incapacitated and unemployable."

  Keywords:

  adoption; burden of proof; complainant; condition; death; evidence; invalidity; parent;