Published on 19 February 2024
FOURTH SECTION
Application no. 17485/20
Petrea ALPREOTESEI against Romania
and 2 other applications
(see list appended)
communicated on 31 January 2024
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ complaints raised under Article 1 of Protocol No. 1 to the Convention, relating to the domestic courts’ decisions (indicated in the appendix) establishing that they had not been entitled to receive certain amounts as pension, and that they had to repay large amounts of money received in undue pension (see for similar circumstances, albeit concerning different types of pension, Dumitrescu v. Romania ([Committee], no. 36815/20, 4 July 2023). The reassessment of the applicants’ entitlement to the impugned amounts had been carried out in the process of the administration’s attempts to correct its mistakes in issuing the relevant pension decisions.
QUESTIONS TO THE PARTIES
Did the domestic courts’ judgments indicated in the appendix, deprive the applicants of their possessions within the meaning of Article 1 of Protocol No. 1 (see for instance Béláné Nagy v. Hungary [GC], no. 53080/13, §§ 80‑89, 13 December 2016)? If so, was the interference justified under this provision? In particular, was it proportionate (see Béláné Nagy, cited above, §§ 115-118; Moskal v. Poland, no. 10373/05, § 72, 15 September 2009; and Čakarević v. Croatia, no. 48921/13, §§ 80-81, 26 April 2018)? Were there any less restrictive alternative measures available and/or sufficient in their case (see mutatis mutandis Todorov and Others v. Bulgaria, nos. 50705/11 and 6 others, § 188, 13 July 2021)?
List of applications
No.
Application no.
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Final decision complained of by the applicant
Established undue amount
Period in respect of which reimbursement is claimed
1.
17485/20
20/03/2020
Petrea ALPREOTESEI
1964
Focșani
Romanian
Galaţi Court of Appeal
10 October 2019
Military pension
32,811 RON[1]
01/01/2016 – 01/08/2018
2.
39041/20
18/08/2020
Gavril MANU
1956
Turda
Romanian
Cluj Court of Appeal
20 February 2020
27,483 RON[2]
01/12/2016 – 28/02/2019
3.
2735/21
15/12/2020
Puica CIOBOATǍ
1946
Bucharest
Romanian
Oxana Ţurcanu
Bucharest Court of Appeal
16 June 2020
88,480 RON[3]
01/01/2016 – 31/12/2018
[1] Average exchange rate for 2018: 4,65 RON/1 EUR; approximate amount of EUR 7,050
[2] Average exchange rate for 2019: 4,72 RON/1 EUR; approximate amount of EUR 5,820
[3] Average exchange rate for 2018: 4,65 RON/1 EUR; approximate amount of EUR 19,030