14 juin 2011

ECtHR: labour legitimate expectations are covered by property rights

On 07/06/2011 ECtHR unanimously re-affirmed its previous case law on covering legitimate expectations by property rights (Maurice v France, 11810/03, § 63). In Agrati and 127 others v Italy, 43549/08, it was interpreted that legitimate expectations of school workers to have their accessory salaries to be included into the calculation of pension are property rights (§ 73), and their legislative denial violates Article 1 of the Protocol no. 1.

Class action is always an interesting legal strategy, especially in after entering into force of the Protocol no. 14 introducing the important damage ground for dismissing an application (new Article 35(3)(b) of the Convention).

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