MILIVOJEVIĆ v. SERBIA
Doc ref: 11944/16 • ECHR ID: 001-202688
Document date: April 3, 2020
- 0 Inbound citations:
- •
- 0 Cited paragraphs:
- •
- 6 Outbound citations:
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 ) ?