18
ANDREJEVA v. LATVIA JUDGMENT
3 October, it was approved by the State Duma (the lower house of the
Russian Parliament), and on 15 October by the Federation Council (the
upper house). Article 3 of the agreement expressly extends its scope to
“permanently resident non-citizens” of Latvia. Article 10 § 1 provides that,
in calculating a retirement pension, each of the parties is to take into account
the aggregate period of employment of the person concerned in both
countries. Article 4 § 2 provides for an exception to the effect that the
principle of equality between nationals and residents of both States does not
apply to the specific arrangements for the calculation of Latvian citizens’
periods of employment prior to 1991.
45. Article 25 of the agreement shares the financial burden of retirement
pensions between the two States where the person concerned has become
entitled to such a pension after the agreement’s entry into force. The
pension in respect of employment prior to 1 January 1991 is paid by the
State in which the beneficiary is resident at the time of claiming the pension.
However, in respect of the period after that date, each Contracting Party has
undertaken to cover the periods of employment in its own territory.
Article 26 states that a pension that has already been granted before the
entry into force of the agreement may also be recalculated on that basis at
the express request of the beneficiary; however, the recalculation cannot be
applied until after the agreement has come into force.
THE LAW
I. THE GOVERNMENT’S PRELIMINARY OBJECTIONS
A. The applicant’s “victim” status
46. In their observations on the merits of the case, filed with the
Chamber on 20 October 2006, the Government raised a plea of
inadmissibility, arguing that the applicant had partly ceased to be a “victim”
within the meaning of Article 34 of the Convention. In that connection, they
pointed out that in February 2000 the Social-Insurance Agency had
recalculated the applicant’s pension to include her years of service for
entities based in Ukraine; accordingly, she no longer had any grounds for
maintaining her complaint under Article 1 of Protocol No. 1 in respect of
the period from 1973 to 1981.
47. The Government maintained that objection before the Grand
Chamber. They pointed out that since February 2000 the applicant had
received LVL 28.67 (approximately EUR 40.80) more than before. They