Communicated on 10 April 2018
FIRST SECTION
Application no. 18153/16
Dragan DŽOJIĆ
against Croatia
lodged on 29 March 2016
SUBJECT MATTER OF THE CASE
The application concerns non-enforcement of an administrative decision granting pension rights. In 2008 the applicant was granted the right to a disability pension as of 1 July 2006. The administrative authorities ruled that the pension arrears for the period between 1 July 2006 and 31 October 2008 were to be paid when the funds for that purpose would be provided in the State’s budget. In October 2011 the State paid pension arrears for the period between 1 July 2006 and 31 December 2006. The applicant then lodged a civil action seeking payment of remaining pension arrears with statutory interest, as well as the payment of statutory interest for the pension arrears paid in October 2011. The national courts dismissed the applicant’s claim on the grounds that he had not satisfied the burden of proof that the funds for the pension payments had been secured in the State’s budget. The applicant complains under Article 1 of Protocol No. 1 to the Convention that the national authorities violated his property rights.
QUESTION tO THE PARTIES
Has there been a violation of Article 1 of Protocol No. 1 to the Convention in that the applicant has not received his pension arrears granted by the pension authorities?
Full & Egal Universal Law Academy