Communicated on 3 April 2020
Published on 25 May 2020
FOURTH SECTION
Application no. 11944/16
Radosav MILIVOJEVIĆ
against Serbia
lodged on 24 February 2016
SUBJECT MATTER OF THE CASE
The application concerns the refusal of domestic authorities to recalculate the applicant’s disability pension taking into account his subsequent and compulsory pension-related contributions, while at the same time old-age pensioners in this situation were in fact legally afforded this opportunity.
QUESTIONS TO THE PARTIES
1. Are Article 1 of Protocol No. 1 to the Convention, Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1 thereto, and Article 1 of Protocol No. 12 to the Convention applicable to the facts of which the applicant complains (see, mutatis mutandis, Molla Sali v. Greece [GC], no. 20452/14, §§ 123-127, 19 December 2018; Béláné Nagy v. Hungary [GC], no. 53080/13, §§ 81-83, 13 December 2016; and Savez crkava “Riječ života” and Others v. Croatia, no. 7798/08, §§ 103-108, 9 December 2010)?
2. If this provision is applicable to the facts of which the applicant complains, has there been a violation of Article 1 of Protocol No. 1 to the Convention (see Béláné Nagy v. Hungary, cited above, §§ 112-118)?
3. If these provisions are applicable to the facts of which the applicant complains, has the applicant suffered discrimination contrary to Article 14 of the Convention, read in conjunction with Article 1 of Protocol No. 1 thereto, or Article 1 of Protocol No. 12 to the Convention (see, mutatis mutandis, Molla Sali v. Greece, cited above, §§ 133-137, and Sejdić and Finci v. Bosnia and Herzegovina [GC], nos. 27996/06 and 34836/06, § 55, ECHR 2009)?
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