Communicated on 10 April 2018
FIRST SECTION
Application no. 47520/16
Vlajko KOMLENAC
against Croatia
lodged on 5 August 2016
SUBJECT MATTER OF THE CASE
The applicant was granted an old-age pension in Serbia. In Serbia he has been allowed to work as an advocate with the obligation to pay income taxes but no pension contributions. His request for an old-age pension in Croatia was dismissed on the grounds that he had not submitted evidence that his pension insurance was terminated. The applicant submitted a decision on pension adopted by the Serbian authorities showing that he was not obliged to pay pension contributions and that his (pension) insurance had been terminated. The applicant complains, under Article 1 of Protocol No. 1 to the Convention and Article 1 of Protocol No. 12 thereto, about the refusal of the administrative authorities to grant him an old-age pension.
QUESTIONS tO THE PARTIES
1. Has there been an interference with the applicant’s right to the peaceful enjoyment of his possessions, within the meaning of Article 1 of Protocol No. 1? Has the applicant’s right to receive an old-age pension in Croatia been infringed in a manner resulting in the impairment of the essence of his pension rights? In particular, have the domestic authorities reasoned its decisions with sufficient clarity, particularly concerning the legal basis on which they relied?
2. Has the applicant suffered discrimination in the enjoyment of his Convention rights on the ground of his self-employment with no compulsory (pension) insurance, contrary to Article 1 of Protocol No. 12?
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