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.