Wages - Pensions Archives

Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

1st P - Article 1
June 30, 2020 6:48 pm

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

1st P - Article 1
April 22, 2020 3:43 pm

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020 (no. 36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

The discontinuation of the disability pension due to the Insurance Fund doctor’s mistake and the refusal to pay compensation violated the right to property

1st P - Article 1
March 16, 2020 12:15 pm

JUDGMENT Grobelny v. Poland 05.03.2020 (no. 60477/12) see here SUMMARY Discontinuation of disability pension due to mistakes made by doctors of the Insurance Fund. Non-payment of compensation to the insured. Violation of the right to property. The applicant had been declared incapable of working since 1994 and was awarded an invalidity pension. In a review […]

Retroactive withdrawal of pensions that were granted over a long period, undermines legal certainty and infringes property rights

1st P - Article 1
December 24, 2019 6:19 pm

JUDGMENT Romeva v. North Macedonia 12.12.2019 (no. 32141/10) see here SUMMARY Peaceful enjoyment of property rights. Pension. Retrospective recall. Social insurance. The applicant, after legal proceedings, was granted a pension. The Fund, 7 years after retirement, re-examined the data and retrospectively withdrawn the pension without thorough scrutiny of the evidence. According to the ECtHR, any […]

The delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

1st P - Article 1
October 30, 2019 11:40 am

JUDGMENT Kuzhelev and others v. Russia 15.10.2019 (no. 64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here SUMMARY Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial

1st P - Article 1
May 15, 2019 7:03 pm

JUDGMENT Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]

Autonomy of disciplinary action from the criminal procedure. An acquittal is not binding on disciplinary bodies that may impose disciplinary action

1st P - Article 1
April 11, 2019 3:38 pm

JUDGMENT Bonnemaison v. France 11.04.2019 (no. 32216/15) see here SUMMARY Autonomy of disciplinary proceedings from criminal. Decision of the Medical Association to strike of the applicant from the medical register. The applicant repeatedly injected lethal injections into patients to put an end to their suffering. Penalty of the doctor for six out of seven deaths. […]

Readjustment of certain old-age pensions did not breach Convention rights

1st P - Article 1
September 13, 2018 7:33 am

JUDGMENT Aielli and others and Arboit v. Italy 19.07.2018 (no. 27166/18 and 27167/18) see here SUMMARY The case concerns a reform of the uprating of State pension payments for 2012 and 2013. The Court observed that the legislature had been obliged to intervene in a difficult economic context. The Legislative Decree in question had sought […]

Failure to pay a lawyer who represented the public sector. Violation of property protection

1st P - Article 1
August 30, 2018 7:58 am

JUDGMENT Chorbov v. Bulgaria 25.01.2018 (no. 39942/13) see here SUMMARY Failute to pay an attorney’s full remuneration for the legal services he provided by representing the State at the International Court of Arbitration in Paris in 2005. Infringement of Article 1 of the First Protocol (protection of property) and Article 13 (right to an effective […]

The refusal to grant pension due to nationality is contrary with the ECHR

1st P - Article 1
August 25, 2018 8:51 am

JUDGMENT Ribać v. Slovenia 5.12.2017 (no. 57101/10) see here SUMMARY Pension. Refusal by the authorities to grant pension for a specific period to a person who did not have the Slovenian citizenship at that time. Double violation of the ECHR. Infringement of the prohibition of discrimination and the right to property protection. PROVISIONS Article 14 […]

Wages – Pensions