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Document 61976CJ0106

Sumarul hotărârii

Keywords
Summary

Keywords

1 . OFFICIALS - REMUNERATION - FAMILY ALLOWANCES - OVERLAPPING - APPLICATION OF ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS - CONDITIONS

2 . OFFICIALS - REMUNERATION - MONTHLY SALARY - CALCULATION - ERRORS AND RECTIFICATIONS - INTEREST ON ACCOUNT OF DELAY - NOT DUE

Summary

1 . THE PROVISION AGAINST OVERLAPPING BENEFITS CONTAINED IN ARTICLE 67 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS APPLIES ONLY TO REGULAR ALLOWANCES WHICH VIRTUALLY CONSTITUTE A PART OF THE REMUNERATION AND ARE INTENDED TO MEET THE REQUIREMENTS OF EMPLOYED PERSONS BUT NOT TO AN EX GRATIA PAYMENT GRANTED ON EXTRAORDINARY GROUNDS . ALTHOUGH THE PROCEDURES FOR PAYING A FAMILY HOLIDAY ALLOWANCE ARE SUBSTANTIALLY THE SAME AS THOSE FOR PAYING THE REGULAR FAMILY ALLOWANCE THIS EX GRATIA PAYMENT CANNOT ON THAT GROUND BE CONSIDERED AS A MERE INCREASE IN THE REGULAR FAMILY ALLOWANCE .

2 . ERRORS AND CURRENT RECTIFICATIONS IN THE CALCULATION OF SALARIES DO NOT PROVIDE A BASIS FOR CLAIMING INTEREST ON ACCOUNT OF DELAY . UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES THIS ALSO APPLIES TO RECTIFICATIONS EFFECTED AS A RESULT OF A COMPLAINT OR AN APPLICATION TO THE COURT .

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