SAVICKIS AND OTHERS v. LATVIA JUDGMENT
and A. v. the United Kingdom, cited above, § 64, with further references).
This has clearly not been done in the present case. The Court considers that
the respondent Government’s argument concerning the alleged absence of
victim status rather pertains to the merits of the case and falls to be examined
under that head. The allegations of “abuse” and “loss of victim status” must
therefore be dismissed.
152. As to the question of the inclusion of parental leave in the calculation
of the “insurance period”, the Court once again reiterates the principle that an
applicant cannot be blamed for non-exhaustion of domestic remedies if the
substance of the claims raised in Strasbourg has been previously examined,
in spite of any alleged procedural shortcomings (see paragraph 133 above).
In the present case, the entire length of the disputed period was covered by
the reasoning of the Constitutional Court’s judgment (see paragraph 51
above); it follows that this objection should also be dismissed.
(d) The fifth applicant
(i) The parties’ arguments
153. The respondent Government submitted that the fifth applicant’s
pension had been recalculated on the basis of the Latvia-Russia Social
Security Agreement prior to the lodging the present application, a fact of
which she had not informed the Court. Hence, her claim ought to be dismissed
for abuse of the right of individual application and loss of victim status.
154. The applicants reiterated that the information concerning the
recalculation had been included in the application form and that the fifth
applicant should still be regarded as having victim status on the grounds set
out above.
(ii) The Court’s assessment
155. On the basis of the case file before it, the Court comes to the same
conclusions as for the fourth applicant: there is no indication of “abuse”,
given that the information about the recalculation of the pension was indeed
included in the fifth applicant’s initial application form, and the argument
regarding victim status is to be considered as related to the merits of the case
(see paragraphs 149-151 above). These objections must consequently also be
dismissed.
5. Conclusion on the admissibility of the application
156. The Court notes that the applicants’ complaint under Article 14 of
the Convention read in conjunction with Article 1 of Protocol No. 1 is not
manifestly ill-founded within the meaning of Article 35 § 3 (a) of the
Convention. It further notes that it is not inadmissible on any other grounds.
The application must therefore be declared admissible.
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