178. in the latter system, the “allocation du départ” is included in the
provisions on the European Union pension scheme and not in the provisions
on the remuneration of officials or servants of the European Union or their
allowances, the purpose of which is to guarantee the member of the
temporary staff an allowance on termination or expiry of his contract of
employment who does not wish to carry out any other duties in the European
Union and who does not at that time fulfill the conditions for immediate or
deferred retirement pension or the conditions referred to in Article
12(1)(b)(i) to (iv) of Exhibit VIII of the Staff Regulations.
179. Contrarily, in the ECOWAS Staff Regulations, this separation
allowance falls under “Entitlements and Financial Obligations upon
Separation from Service”.
180. However, it cannot be denied that the arrangements under these two
systems converge in requiring the “permanent termination” or “permanent
departure” of the official as a criterion for access to the separation
allowance.
181. The lack of payment of this separation allowance was claimed by all
the Applicants.
182. The first Applicant, GNIMAGNON Francis Elie, claims that all his
allowances were paid to him by the ECOWAS Directorate of Administration
and Human Resources, with the exception of the separation allowance.
183. The second Applicant, Mr. SOGOYOU Cossi, submits that the
separation allowance is due to him in respect of his first contract for a
period of seven (7) years and three (3) months; and further as to the extension
of his contract running from January 1 to December 31, 2012, he is further
entitled to the separation allowance and the gratuity of 12.5% provided
for in the contract;
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