SAVICKIS AND OTHERS v. LATVIA JUDGMENT
particular benefit on a discriminatory ground covered by Article 14, the relevant test is
whether, but for the condition of entitlement about which the applicant complains, he
or she would have had a right, enforceable under domestic law, to receive the benefit in
question ... Although [Article 1 of] Protocol No. 1 does not include the right to receive
a social security payment of any kind, if a State does decide to create a benefits scheme,
it must do so in a manner which is compatible with Article 14.’
80. It follows that the applicant’s pecuniary interests fall within the scope of Article 1
of Protocol No. 1 and the right to the peaceful enjoyment of possessions which it
safeguards. This is sufficient to render Article 14 of the Convention applicable.”
122. The Court does not see any difference between the case of Andrejeva
and the present case regarding the applicability ratione materiae of Article 14
of the Convention read in conjunction with Article 1 of Protocol No. 1.
According to the Court’s well-established case-law, the prohibition of
discrimination enshrined in Article 14 generally applies where a Contracting
State has in force legislation providing for the payment as of right of a pension
or another welfare benefit; that legislation must be regarded as generating a
proprietary interest falling within the ambit of Article 1 of Protocol No. 1 for
persons satisfying its requirements. If, but for the condition of entitlement
under domestic law about which the applicant complains, he or she would
have had a right enforceable under domestic law to receive the benefit in
question, his or her complaint falls within the scope of Article 1 of Protocol
No. 1 and that is sufficient to render Article 14 of the Convention applicable
ratione materiae (see J.D. and A.v. the United Kingdom, cited above, § 63).
This being so, the Court cannot but dismiss the respondent Government’s
objection for the same reasons as stated in §§ 77-80 of the Andrejeva
judgment (see also, mutatis mutandis, Gaygusuz v. Austria (16 September
1996, § 40, Reports 1996-IV); Stummer v. Austria [GC], no. 37452/02, § 88,
ECHR 2011; Fábián, cited above, § 117; and Ribać v. Slovenia,
no. 57101/10, §§ 43-45, 15 December 2017).
123. As to the particular questions raised by the respondent Government,
namely, to what extent the Court’s overall reasoning in Andrejeva was
conditioned by the particular factual circumstances of that case, whether it is
transposable to the present case, and whether the applicants might have had
any “legitimate expectations” for the purposes of Article 1 of Protocol No. 1
given their physical absence from the Latvian territory during the contested
periods, these relate to the merits of the application and will be examined by
the Court under the respective head.
3. Six-month time-limit
(a) The parties’ arguments
124. The respondent Government referred to the decisions whereby the
second, the fourth and the fifth applicants had initially been granted their
retirement pensions. As these applicants had not appealed against the relevant
decisions, they had entered into force and should be regarded as the “final
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