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MILIVOJEVIĆ v. SERBIA

Doc ref: 11944/16 • ECHR ID: 001-202688

Document date: April 3, 2020

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  • Cited paragraphs: 0
  • Outbound citations: 6

MILIVOJEVIĆ v. SERBIA

Doc ref: 11944/16 • ECHR ID: 001-202688

Document date: April 3, 2020

Cited paragraphs only

Communicated on 3 April 2020 Published on 2 5 May 2020

FOURTH SECTION

Application no. 11944/16 Radosav MILIVOJEVIĆ against Serbia lodged on 24 February 2016

SUBJECT MATTER OF THE CASE

The application concerns the refusal of domestic authorities to recalculate the applicant ’ s disability pension taking into account his subsequent and compulsory pension-related contributions, while at the same time old-age pensioners in this situation were in fact legally afforded this opportunity.

QUESTIONS TO THE PARTIES

1. Are Article 1 of Protocol No. 1 to the Convention, Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1 thereto, and Article 1 of Protocol No. 12 to the Convention applicable to the facts of which the applicant complains (see, mutatis mutandis , Molla Sali v. Greece [GC], no. 20452/14, §§ 123-127, 19 December 2018; Béláné Nagy v. Hungary [GC], no. 53080/13, §§ 81-83, 13 December 2016; and Savez crkava “ Riječ života ” and Others v. Croatia , no. 7798/08, §§ 103-108, 9 December 2010)?

2. If this provision is applicable to the facts of which the applicant complains, has there been a violation of Article 1 of Protocol No. 1 to the Convention (see Béláné Nagy v. Hungary , cited above, §§ 112-118)?

3. If these provisions are applicable to the facts of which the applicant complains, has the applicant suffered discrimination contrary to Article 14 of the Convention, read in conjunction with Article 1 of Protocol No. 1 thereto, or Article 1 of Protocol No. 12 to the Convention (see, mutatis mutandis , Molla Sali v. Greece , cited above, §§ 133-137, and Sejdić and Finci v. Bosnia and Herzegovina [GC], nos. 27996/06 and 34836/06, § 55, ECHR 2009 ) ?

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