Information Note on the Court’s case-law 196
May 2016
Fábián v. Hungary (referral) - 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: case referred to the Grand Chamber
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.
In a judgment of 15 December 2015 (see Information Note 191) a Chamber of the Court held, unanimously, that there had been a violation of Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1. The Chamber found that the Government’s arguments to justify the difference in treatment between publicly and privately employed retirees on the one hand, and between various categories of civil servants on the other, were unpersuasive and thus not based on any objective and reasonable justification.
On 2 May 2016 the case was referred to the Grand Chamber at the Government’s request.
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This summary by the Registry does not bind the Court.
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