Keywords
Summary

Keywords

OFFICIALS - REMUNERATION - ANNUAL ADJUSTMENT - SALARY ARREARS - ENTITLEMENT TO DEFAULT INTEREST - NONE UNLESS THE SUM OWED IS CERTAIN OR ASCERTAINABLE

( STAFF REGULATIONS OF OFFICIALS , ART . 65 )

Summary

AN OBLIGATION TO PAY DEFAULT INTEREST CAN ARISE ONLY ON CONDITION THAT THE AMOUNT OF THE PRINCIPAL SUM OWED IS CERTAIN OR CAN AT LEAST BE ASCERTAINED ON THE BASIS OF ESTABLISHED OBJECTIVE FACTORS . SINCE THE POWERS CONFERRED ON THE COUNCIL BY ARTICLE 65 OF THE STAFF REGULATIONS FOR ADJUSTING THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS AND FOR FIXING THE WEIGHTINGS APPLICABLE TO SUCH REMUNERATION AND PENSIONS INVOLVE THE EXERCISE OF A DISCRETION , NO CERTAINTY EXISTS AS TO THE AMOUNT BY WHICH THE REMUNERATION AND PENSIONS WILL BE ADJUSTED OR THE MANNER IN WHICH THE WEIGHTINGS WILL BE FIXED UNTIL THE COUNCIL HAS EXERCISED THOSE POWERS AND ADOPTED THE REGULATION ON THE MATTER . CONSEQUENTLY , AS THAT CONDITION IS NOT FULFILLED , THERE IS NO OBLIGATION TO PAY DEFAULT INTEREST ON SALARY ARREARS PROVIDED THAT THERE IS NO UNJUSTIFIED DELAY IN THE PAYMENT OF SUCH ARREARS AFTER THE ADOPTION OF THE SAID REGULATION .

WHETHER AN OBLIGATION TO PAY DEFAULT INTEREST SHOULD BE RECOGNIZED WHERE THERE IS AN UNJUSTIFIED DELAY IN ACTUALLY DETERMINING THE AMOUNT OF THE REMUNERATION OWED IS ANOTHER MATTER .