Insurance benefits (412, 413,-666)

You searched for:
Keywords: Insurance benefits
Total judgments found: 6

• Judgment 4473

  
  133rd Session, 2022
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision not to recognise his son’s condition as a “serious illness” within the meaning of the provisions governing reimbursement of medical expenses.

  Judgment keywords

  Keywords:

  complaint dismissed; dependent child; health insurance; illness; insurance benefits; motivation; motivation of final decision;
  

  
  
  

• Judgment 3915

  
  125th Session, 2018
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant requested ESO to provide her with a reference certificate satisfying the requirements of German law.

  Consideration 4

  Extract:

  [I]t is firmly established in the case law that the conditions of employment of staff members are subject to the Staff Rules and Regulations of the organisation that employs them and to the general principles of the international civil service and that national laws do not apply, unless where there is express reference thereto (see, for example, Judgment 1311, under 15). In this instance, there is no such reference in ESO’s regulatory regime requiring that ESO provides members of personnel with reference certificates that meet the standards required under German law. Furthermore, as was relevantly stated in Judgment 2611, under 8, “the complainant points to nothing in the terms of h[er] appointment to suggest that German law, as distinct from the [ESO Staff Rules and Staff] Regulations, was applicable to any aspect of h[er] employment”.

  Reference(s)

  ILOAT Judgment(s): 1311, 2611
  

  Keywords:

  domestic law; insurance benefits;
  

  
  
  

• Judgment 1715

  
  84th Session, 1998
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "In order to be a 'dependent spouse' someone must be not only the dependant but also the 'spouse' of the staff member. As a general rule, and in the absence of a definition of the term, the status of spouse will flow from a marriage publicly performed and certified by an official of the State where the ceremony has taken place, such marriage being then proved by the production of an official certificate. The Tribunal accepts, however, that there may be de facto situations, of which 'traditional' marriages are examples, and which some States recognise as creating the status of 'spouse'. In each such case where there is no definition of 'spouse' it will be up to the staff member to prove not only the existence of the relevant fact but also the precise provisions of local law which give it consequences and the exact nature of those consequences, and he must show that such law is applicable in the context of the Organisation's Staff Regulations and Rules."

  Keywords:

  burden of proof; definition; dependant; domestic law; evidence; insurance benefits; marital status; staff regulations and rules;
  

  
  
  

• Judgment 1369

  
  77th Session, 1994
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."

  Reference(s)

  ILOAT Judgment(s): 1311
  

  Keywords:

  applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; insurance benefits; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;
  

  
  
  

• Judgment 1311

  
  76th Session, 1994
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "As a rule the conditions of employment of staff are subject exclusively to the ESO's own Staff Regulations and to the general principles of the international civil service: see Judgments 322, under 2; 473, under 2 and 3; and 493, under 5. National laws, and in particular those of the host country, apply only where there is express reference thereto."

  Reference(s)

  ILOAT Judgment(s): 322, 473, 493
  

  Keywords:

  case law; domestic law; insurance benefits; international civil service principles; staff regulations and rules; terms of appointment;
  

  
  
  

• Judgment 1148

  
  72nd Session, 1992
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  The complainant is challenging [the organisation's] Sickness Fund's refusal to refund the cost of an item classified as "phytotherapy". The Tribunal holds that "under Article 14 the administration may determine whether an item that a fund member wants to have refunded is a 'pharmaceutical product' within the meaning of the rule. [...] That is a matter of medical opinion and among the relevant criteria are the preventive or therapeutic efficacy of the product, scientific inquiry into the effects it has, and any risks involved in using it. So decisions by public health bodies are highly relevant, particularly for an international fund like [the organisation's] that covers more than one country and allows free choice of practitioner."

  Reference(s)

  Organization rules reference: ARTICLE 14 OF RULE 10
  
  

  Keywords:

  discretion; domestic law; freedom to choose practitioner; health insurance; insurance benefits; medical expenses;