Summary

No sufficiently compelling reason justifying retrospective application of a law determining the substance of pensions disputes in pending proceedings. The ECJ’s press release is available here: https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=003-7262572-9889223&filename=Judgments%20and%20decisions%20of%2017.02.2022.pdf.

Ruling

The Court, unanimously:

• Dismisses the Government’s objection that the applicant did not suffer a significant disadvantage;

• Joins to the merits the Government’s objection that the application is manifestly ill-founded and dismisses it;

• Declares the application admissible;

• Holds that there has been a violation of Article 6 § 1 of the Convention;

• Holds

  • (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts at the rate applicable at the date of settlement:

    • (i) EUR 9,700 (nine thousand seven hundred euros), plus any tax that may be chargeable, in respect of pecuniary damage;

    • (ii) EUR 6,000 (six thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;

  • (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

• Dismisses the remainder of the applicant’s claim for just satisfaction.

• Done in English, and notified in writing on 17 February 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.