6 ANDREJEVA v. LATVIA JUDGMENT The Senate considers that the cooperation agreement on social security between the Republic of Latvia and Ukraine, which was signed in Kyiv on 26 February 1998 and came into force on 11 June 1999 – after the date of the judgment appealed against – is not a sufficient basis for a court to find that the public authorities acted unlawfully ...” 20. Since she had been unable to take part in the hearing, the applicant requested the Senate to re-examine the case. In a letter of 13 October 1999, the President of the Senate’s Department of Civil Cases informed her that the Civil Procedure Act did not provide for the possibility of reviewing a judgment after its delivery in such circumstances. However, he apologised to the applicant that the hearing had started early and assured her that all the arguments of the parties had been properly examined. 21. In a letter of 13 December 1999, the Ukrainian embassy in Latvia informed the applicant that, by virtue of the agreement between the two States which had entered into force on 11 June 1999, she was entitled to have her pension recalculated to take account of her work for the Ukrainian enterprise. The embassy therefore invited the applicant to apply to the relevant social-insurance department to recalculate her pension. However, the embassy informed her that the pension “in respect of the Ukrainian period of employment” would not be paid “until the conclusion of interState negotiations on the arrangements for payment of pensions”. 22. In a letter of 4 February 2000, the Social-Insurance Agency informed the applicant that with effect from 1 November 1999, on the basis of the above-mentioned agreement, her pension had been recalculated ex nunc to take account of her years of service for employers based in Ukraine. As a result, the monthly amount of her pension, adjusted in accordance with the applicable scales, was LVL 30.21 (approximately EUR 43). 23. In June 2008 the monthly pension received by the applicant amounted to LVL 98.35 (approximately EUR 140), consisting of the principal sum (approximately EUR 125) – corresponding to the minimum subsistence level guaranteed by the State – and a supplement (approximately EUR 15). These amounts are index-linked and adjusted every six months to take account of inflation and the increase in the guaranteed minimum wage. 24. On 2 and 3 October 2008 respectively the Latvian Parliament and the lower house of the Russian Parliament approved the cooperation agreement on social security, signed on 18 December 2007 (see paragraphs 44-45 below). According to the calculations supplied by the applicant, if the agreement were in force and her years of service “in Russia” were taken into account today, her basic pension would be increased by 15% and the supplement by 35%. The Government stated that the total monthly amount received by the applicant would be LVL 115.48 (approximately EUR 164) in that event.

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