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Title of Document: Admissibility decision Andrzej Zubczewski v. Sweden - Different old-age pension levels for single and married persons not in breach of the Convention
Keywords: decrease pension, prohibition of discrimination, protection of property
Author: cmiskp.echr.coe

Codex-online publication date: 02/05/2010 04:09:11 PM
Date of Original Publication: 02/04/2010
Country: Sweden
Summary: In his admissibility decision Andrzej Zubczewski v. Sweden the European Court of Human Rights considers that the different old-age pension levels for single and married persons not in breach of the Convention and declare ,unanimously, the application inadmissible.

Principal facts

The applicant, Mr Andrzej Zubczewski, is a Swedish national who was born in 1939 and lives in Spain.

Upon his retirement, he started receiving an old-age pension calculated in respect of his civil status, which was single at the time.

In 2002, Mr Zubczewski got married. Following this, the Social Insurance Office, applying the Old-Age Pension Act, reduced his pension by about 50 Euros a month. He complained against this decision emphasising that his wife did not have any income. His complaint was dismissed by the Social Security Office and by the competent administrative court; his appeal was not allowed by the higher courts.

Complaints

Relying in particular on Article 1 of Protocol No 1 to the Convention (protection of property) and on Article 14 (prohibition of discrimination), the applicant complained that the decrease in his pension had resulted in a discriminatory deprivation of his property.
For the entire article, please see the attached file:
Caz094A10.doc30 Kb

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Caz094A10.doc