Information Note on the Court’s case-law 191

December 2015

Fábián v. Hungary - 78117/13

Judgment 15.12.2015 [Section IV]

Article 14

Discrimination

Difference in treatment between publicly and privately employed retirees and between various categories of civil servants as regards payment of old-age pension: violation

[This case was referred to the Grand Chamber on 2 May 2016]

Facts – In 2012 the applicant, who was already in receipt of an old-age pension, took up employment as a civil servant. In 2013 an amendment to the Pension Act 1997 entered into force suspending the payment of old-age pensions to persons simultaneously employed in certain categories of the public sector. As a consequence, the payment of the applicant’s pension was suspended. His administrative appeal against that decision was unsuccessful. The restriction did not apply to pensioners working in the private sector. In the Convention proceedings, the applicant complained of an unjustified and discriminatory interference with his property rights, in breach of Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1.

Law – Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1: The applicant’s pension right was a pecuniary right within the ambit of Article 1 of Protocol No. 1 and his status as a pensioner simultaneously