Pichkur v. Ukraine - 10441/06 - Legal Summary [2013] ECHR 1313 (07 November 2013)

Pichkur v. Ukraine - 10441/06 - Legal Summary [2013] ECHR 1313 (07 November 2013)

The Court found that making pension entitlement dependent on residence abroad, without any objective and reasonable justification, constituted discrimination in breach of Article 14 in conjunction with Article 1 of Protocol No. 1.

Source-derived case information.

Citation
[2013] ECHR 1313
Parties
Applicant: Pichkur; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
07 November 2013
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Discrimination, Retirement Pensions, Right to Property, Residence Based Eligibility
Human Rights Law Social Security Law Discrimination Retirement Pensions Right to Property Residence Based Eligibility

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Parties

Pichkur

Applicant

Ukraine

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether termination of pension payments based on permanent residence abroad constitutes discrimination under Article 14 in conjunction with Article 1 of Protocol No. 1 of the European Convention on Human Rights

Ratio Decidendi

The Court found that making pension entitlement dependent on residence abroad, without any objective and reasonable justification, constituted discrimination in breach of Article 14 in conjunction with Article 1 of Protocol No. 1.

Court Disposition

violation found

Orders

  • EUR 5,000 awarded in respect of pecuniary and non-pecuniary damage