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European Court of Human Rights (ECtHR), February 17, 2022
ECtHR 17 February 2022, app. no. 46586/14 (D’Amico v. Italy), Pension
Ms Immacolata Filomena D’Amico – v – Italian Government, Italian case

Summary

No sufficiently compelling reason justifying retrospective application of a law determining the substance of pensions disputes in pending proceedings. The ECJ’s press release is available here.

Ruling

The Court, unanimously:

  • Dismisses the Government’s objection that the applicant did not suffer a significant disadvantage;
  • Joins to the merits the Government’s objection that the application is manifestly ill-founded and dismisses it;
  • Declares the application admissible;
  • Holds that there has been a violation of Article 6 § 1 of the Convention;
  • Holds
    • (a)  that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts at the rate applicable at the date of settlement:
      • (i)  EUR 9,700 (nine thousand seven hundred euros), plus any tax that may be chargeable, in respect of pecuniary damage;
      • (ii)  EUR 6,000 (six thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
    • (b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
  • Dismisses the remainder of the applicant’s claim for just satisfaction.
  • Done in English, and notified in writing on 17 February 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.