ATA/636/1995•Payment claim rejected for lack of specific agreement
ATA/636/1995Tribunal de Justiça / Câmara Administrativa14 de nov. de 1995Dismissed
Extraído pela Omnilex
The claimant brought a payment claim in a dispute connected with social insurance/professional pension and public employment. The court held that he had not proven any specific agreement with the CE supporting his demand. It also found that he wrongly relied on the 14 June 1982 convention between the CIA and the State of Geneva, without showing that it applied to his situation. The claim was therefore rejected.
Art. 8 A LTA; in a claim for payment, the claimant bears the burden of demonstrating the factual and legal basis of the alleged entitlement. Where no specific agreement with the defendant is proven, and the invoked collective or institutional convention is not shown to govern the relationship in dispute, the claim must be rejected.
Descripteurs
ASSURANCE SOCIALE; PREVOYANCE PROFESSIONNELLE; FONCTIONNAIRE ET EMPLOYE; RESILIATION; CE
Normes
LTA.8 A
Résumé
Demande en paiement rejetée, le demandeur n'ayant pas démontré l'existence d'un accord spécifique avec le CE et invoquant à tort la convention du 14 juin 1982 entre la CIA et l'Etat de Genève.
Whether the claimant proved a specific agreement with the CE entitling him to payment
The claimant did not establish the existence of a specific agreement with the CE.
The file did not show a concrete contractual commitment by the CE that would support the requested payment.
Whether the claimant could rely on the 14 June 1982 convention between the CIA and the State of Geneva
No; the convention was invoked without showing that it governed the claimant's situation.
The court considered that the claimant relied on the CIA-State of Geneva convention incorrectly and without demonstrating its applicability to his claim.
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