Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
On the matter of the deduction of 7,000 Euros paid to the Appellant¡¯s ex-wife from his final emoluments, Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant¡¯s application was not receivable ratione materiae, although for different reasons than those given by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final emoluments. On the matter of the deduction of 2015 dependency benefits from the Appellant¡¯s final emoluments, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s application was not receivable ratione materiae for failure to request a management evaluation within the time limit. On the matter of the recovery of CHF11,996. 49, Ä¢¹½ÊÓƵAT held that the Organisation lawfully recovered this overpayment which clearly resulted from an administrative error. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the amount paid to him against his final emoluments, in connection with the payment of dependency benefits to his ex-wife and daughter, and the Administration¡¯s request to recover the alleged overpayment. Ä¢¹½ÊÓƵDT dismissed the application, partly on receivability and partly on the merits.
Legal Principle(s)
The Administration has the right and duty to correct its own errors.