PARTLY DISSENTING OPINION OF JUDGE HIRVELÄ

To my regret, I am unable to agree with the majority in this and the other eleven cases (8578/04, 18683/04, 27680/04, 31803/04, 34386/04, 35538/04, 39430/04, 6112/05, 39225/05, 11815/05, 10368/05 and 31492/05) examined simultaneously on the same day by the Court . This case and the other cases are based on the same or at least very similar circumstances as in Moskal v. Poland (no. 10373/05, 15 September 2009) and Lewandowski v. Poland (no. 38459/03, 2 October 2012) as regards the revocation of the early retirement pension (the EWK pension) following a review of the applicant ’ s dossier.

The reasons for my dissent are identical to those expressed in the joint partly dissenting opinion which I expressed together with Judges Bratza and Bianku in the leading case of Moskal v. Poland and later in the dissenting opinion which Judge Bianku and I expressed in Lewandowski v. Poland and other cases examined by the Court together with Lewandowski.

To avoid repetition , I refer to the arguments and reasons set out in the above ‑ mentioned dissenting opinions to conclude that there has been no violation of Article 1 of Protocol No. 1. Like the majority of the Chamber , I do not consider that the complaints under Articles 6 and 8 require a separate examination.