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; 35

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