SAVICKIS AND OTHERS v. LATVIA JUDGMENT
fourth applicant had not raised these complaints at domestic level and that
they should be rejected for non-exhaustion of domestic remedies.
148. The applicants responded that the information referred to by the
Government had been included in the application form. They also argued that
the fourth applicant should be considered a victim with respect to the periods
included in the calculation on the same grounds as with respect to the first
applicant. Furthermore, the fourth applicant’s claim did not cover the
employment period in Germany since, at the time of her retirement and as
was true also in respect of citizens of Latvia, only the periods accrued in the
territory of the former USSR had been taken into account. For the same
reasons, no complaint had been brought concerning the period of the
voluntary military service. With regard to the periods spent on parental leave,
the applicants argued that these periods formed part of the employment
periods and were not the subject matter of a separate dispute.
(ii) The Court’s assessment
149. The Court reiterates that under Article 35 § 3 (a) an application may
be rejected as an abuse of the right of individual application if, among other
reasons, it is knowingly based on untrue facts. The submission of incomplete
and thus misleading information may also amount to an abuse of the right of
application, especially if the information concerns the very core of the case
and no sufficient explanation has been provided for the failure to disclose that
information. The same applies if important new developments have occurred
during the proceedings before the Court and where, despite being expressly
required to do so by Rule 47 § 7 of the Rules of Court, the applicant has failed
to disclose that information to the Court, thereby preventing it from ruling on
the case in full knowledge of the facts. However, even in such cases, the
applicant’s intention to mislead the Court must always be established with
sufficient certainty (see Gross v. Switzerland [GC], no. 67810/10, § 28,
ECHR 2014, with further references).
150. The Court notes at the outset that, contrary to the respondent
Government’s allegation, the information about the recalculation of the fourth
applicant’s pension on the basis of the Latvia-Russia Social Security
Agreement was indeed included in the initial application form. The applicants
also stated in the form that the fourth of their number had requested a
Belarussian pension but had not yet received a reply, and the respondent
Government have provided no documentary evidence establishing that this
claim was inaccurate.
151. The Court also rejects the Government’s argument that the fourth
applicant has lost her “victim” status. A decision or measure favourable to
the applicant is not, in principle, sufficient to deprive him or her of his or her
status as a “victim” for the purposes of Article 34 of the Convention unless
the national authorities have acknowledged, either expressly or in substance,
and then afforded redress for the breach of the Convention (see J.D.
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