Tarkoev and Others v. Estonia (communicated case)

Information Note on the Court’s case-law No. 120

June 2009

Tarkoev and Others v. Estonia (communicated case) - 14480/08 and 47916/08

Article 14

Discrimination

Allegedly discriminatory rule prohibiting concurrent drawing of Russian military and Estonian old-age pensions: communicated

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Peaceful enjoyment of possessions

Allegedly discriminatory rule prohibiting concurrent drawing of Russian military and Estonian old-age pensions: communicated

The applicants are former servicemen of the Soviet and/or Russian Army who had retired from service at different points in time before the withdrawal of the Russian Army from Estonia in 1994. Under the Agreement of 1994 between Estonia and Russia, they were paid a Russian military pension. After retiring from the army, they worked in Estonia in the civil sphere for periods varying from 15 to 37 years and were granted an Estonian national pension in 2006. Under Estonian law, only the years of their work in Estonia – not the years of service in the Soviet/Russian armed forces – were taken into account for the purposes of calculating the amount of their pension. A few months later, when the Estonian authorities realised that the applicants continued to receive Russian military pensions, they suspended payment of the Estonian pensions as the 1994 Agreement excluded the possibility of drawing both pensions simultaneously. The applicants, who were thus required to choose between the two pensions, unsuccessfully challenged this decision before the Estonian courts. They argued, inter alia, that persons in receipt of Russian military pensions were discriminated against, as Estonian law generally allowed concurrent receipt of both Estonian and foreign pensions.

Communicated under Article 14 (in conjunction with Article 1 of Protocol N° 1) and under Article 1 of Protocol N° 1.

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This summary by the Registry does not bind the Court.

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