Social rights

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All Updates


Cases selected for updating the Case-Law Guide.

Bernotas v. Lithuania, no. 59065/21

30/01/24

Obligation to reimburse social security authorities for the lost working capacity pension paid to a person whom the applicant had accidently injured.
Judgment


Nafornița v. the Republic of Moldova, no. 49066/12

16/01/24

Eviction from State-owned apartment after lengthy lawful residency.
Judgment


Humpert and Others v. Germany [GC], nos. 59433/18, 59477/18, 59481/18 and 59494/18

14/12/23

Disciplinary sanctions on teachers with civil-servant status for participating during their working hours in strikes organised by their trade union, in breach of the constitutional ban on civil servants striking.
Judgment | Legal Summary


Brazauskienė v. Lithuania (dec.), no. 71200/17

05/12/23

Refusal to grant State annuity allowance and continued free use of State housing to a former President’s widow.
Decision


Pająk and Others v. Poland, nos. 25226/18 and 3 others

24/10/23

Legislation differentiating between men and women with regard to the retirement age of judges.
Judgment


Kubát and Others v. the Czech Republic, nos. 61721/19 and 5 others

22/06/23

Refusal of retroactive payment of the difference in judges salaries during a financial crisis.
Judgment | Legal Summary


X and Others v. Ireland, nos. 23851/20 and 24360/20

22/06/23

Alleged discrimination based on residence status as regards eligibility for child benefit.
Judgment | Legal Summary


Kaymak and Others v. Türkiye, no. 62239/12

20/06/23

Disciplinary sanctions imposed on civil servants for having set up a stand at a university to promote a trade union and distribute leaflets.
Judgment


Simonova v. Bulgaria, no. 30782/16

11/04/23

Order for demolition of the applicant and her minor children's home on the grounds that it was unlawfully built.
Judgment


Valverde Digon v. Spain, no. 22386/19

26/01/23

Refusal to grant survivor’s pension following introduction of new eligibility requirement.
Judgment | Legal Summary


Berisha v. Switzerland (dec.), no. 4723/13

24/01/23

​Expense cap for the care of a person with serious disabilities at home.
Decision Legal Summary


Domenech Aradilla and Rodríguez González v. Spain, nos. 32667/19 and 30807/20

19/01/23

​Refusal to grant survivor’s pension following introduction of new eligibility requirement.
Judgment | Legal Summary


Hoppen and trade union of AB Amber Grid employees v. Lithuania, no. 976/20

17/01/23

Alleged discriminatory dismissal of trade union leader on grounds of his union activities.
Judgment | Legal Summary


Žegarac and Others v. Serbia (dec.), nos. 54805/15 and 10 others

17/01/23

Temporary reduction in applicants’ State pension  as part of austerity measures.
Decision | Legal Summary


M.K. and Others v. France, nos. 34349/18 and 2 others

08/12/22

Refusal by the administrative authorities to enforce interim orders requiring the State to provide some asylum-seekers and their children with emergency accommodation. Applicability and merits.  
Judgment | Legal Summary


Beeler v. Switzerland [GC], no. 78630/12

11/10/22

Termination of widower’s pension when the youngest child reaches the age of majority while widows continued to receive one. Applicability and merits.
Judgment | Legal Summary


P.C. v. Ireland, no. 26922/19

01/09/22

Prisoner's disqualification from receiving State pension. Applicability and merits.
Judgment | Legal Summary


Association of Civil Servants and Union for Collective Bargaining v. Germany, nos. 815/18 and 4 others

05/07/22

Legislation regulating trade union collective agreements.
Judgment | Legal Summary


Savickis and Others v. Latvia [GC], no. 49270/11

09/06/22

Exclusion of employment periods accrued outside Latvia in state pension calculation for “permanently resident non-citizens”, in contrast to Latvian citizens.
Judgment | Legal Summary


Straume v. Latvia, no. 59402/14

02/06/22

Failure of the domestic courts to assess employee sanctions in the context of trade union activity.
Judgment | Legal Summary


L.F. v. the United Kingdom (dec.), no. 19839/21

24/05/22

Exclusion of non-members of Orthodox Jewish Community from social housing owned by a charity catering for that community.
Decision | Legal Summary


Faulkner and McDonagh v. Ireland (dec.), nos. 30391/18 and 30416/18

08/03/22

Members of Traveller community ordered to leave a site being illegally occupied.
Decision | Legal Summary


Zakharova and Others v. Russia, no. 12736/10

08/03/22

Failure of domestic courts to address a complaint of discrimination on account of trade union membership.
Judgment


Barış and Others v. Turkey (dec.), nos. 66828/16 and 31 others

14/12/21

Dismissal of employees based on their involvement in a strike not organised by the recognised trade union.
Decision | Legal Summary 


Yakut Republican Trade-Union Federation v. Russia, no. 29582/09

07/12/21

Order to a trade-union federation to oust a grassroots union of working prisoners because of a statutory ban on their unionisation.
Decision | Legal Summary


Vavřička and Others v. the Czech Republic [GC], no. 47621/13

08/04/21

Statutory child vaccination duty and consequences on parents and children for refusal to comply with it. 
Judgment | Legal Summary


Jurčić v. Croatia, no. 54711/15

04/02/21

​Refusal of employment benefits to pregnant woman who underwent in vitro fertilisation before employment.
Judgment | Legal Summary


Pişkin v. Turkey, no. 33399/18

15/12/20

Dismissal of an employee of a public institute under an emergency legislative decree on account of alleged links with a terrorist organisation.
Judgment | Legal Summary


Napotnik v. Romania, no. 33139/13

20/10/20

Termination of applicant’s diplomatic posting abroad after announcing pregnancy.
Judgment | Legal Summary


Popović and Others v. Serbia, nos. 26944/13 and 3 others

30/06/20

Alleged discrimination in the provision of disability benefits to civilians as opposed to military beneficiaries.
Judgment | Legal Summary


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