European Employment Law Cases

Case Reports

2016/18 Legislation that increased the statutory retirement age violates ECHR (NL)

Keywords human rights
Authors Peter Vas Nunes
Author's information

294157 Peter Vas Nunes
Peter Vas Nunes is an advocaat with BarentsKrans in The Hague, www.barentskrans.nl.
  • Abstract

      A 60-year old widow with a house but without income other than a small widow’s pension has successfully challenged legislation that moved the qualification age for state pension benefits from 65 to 67. A court has found that, in her particular case, the legislation constitutes an “individual and excessive burden” within the meaning of ECtHR case law on the First Protocol to the ECHR. The government was ordered to start paying the widow state pension from age 65 despite and contrary to the wording of the law.

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