SAVICKIS AND OTHERS v. LATVIA JUDGMENT (see paragraph 133 above). In the present case, the Constitutional Court did not regard the third applicant’s failure to pursue the administrative proceedings as an obstacle for the institution of proceedings, as the applicant had “substantiated that he could not protect his rights via the general remedies” (see paragraph 48 above). Therefore, with respect to this aspect of his complaint, the Court considers that the third applicant has to be deemed to have exhausted the domestic remedies. 144. The Court further notes that a retirement pension which excluded the compulsory military service period was granted to the third applicant during the constitutional proceedings. The case file contains no information as to whether any supplementary observations were put before the Constitutional Court to that effect. However, it is obvious that the Constitutional Court made no distinction between the question of granting the early retirement pension to the third applicant and the refusal to include certain periods in the calculations in respect of the retirement pension of the other applicants. Instead, it analysed the constitutionality of the legal provision, which provides that with respect to “permanently resident non-citizens” certain employment and equivalent periods are not included in the calculation of their “insurance period” as defined by Latvian law. Thus, on its substance, the judgment of the Constitutional Court covered both aspects of the third applicant’s complaint. Furthermore, after the delivery of the Constitutional Court’s judgment, this remedy was no longer available to the applicant, as this claim had already been adjudicated. 145. In these circumstances, the Court concludes that the third applicant cannot be blamed for not exhausting the domestic remedies, as required by Article 35 § 1 of the Convention. It therefore dismisses the respondent Government’s objection on this point. (c) The fourth applicant (i) The parties’ arguments 146. The respondent Government argued that with respect to the fourth applicant’s employment period in Belarus, a retirement pension had been granted by Belarus prior to the lodging of the present application. Additionally, also prior to the lodging of the present application, the fourth applicant’s pension had been recalculated on the basis of the Latvia-Russia Social Security Agreement, in order to include the employment periods accrued in the territory of Russia. As the fourth applicant had withheld this information from the Court, she had manifestly abused the right of individual application within the meaning of Article 35 § 3 (a) of the Convention. She could also no longer claim to be a victim with respect to those periods. 147. Concerning the alleged employment periods in Germany and the period spent on maternity leave, the respondent Government argued that the 51

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