CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 4 mars 1998

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                           Application No. 30127/96                       by Giacomo SCIORTINO                       against Italy          The European Commission of Human Rights (First Chamber) sitting in private on 4 March 1998, the following members being present:              MM     M.P. PELLONPÄÄ, President                  N. BRATZA                  E. BUSUTTIL                  A. WEITZEL                  C.L. ROZAKIS            Mrs    J. LIDDY            MM     L. LOUCAIDES                  B. CONFORTI                  I. BÉKÉS                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL                  M. VILA AMIGÓ            Mrs    M. HION            Mr     R. NICOLINI              Mrs    M.F. BUQUICCHIO, Secretary to the Chamber        Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;        Having regard to the application introduced on 3 May 1993 by Giacomo SCIORTINO against Italy and registered on 6 February 1996 under file No. 30127/96;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;        Having deliberated;        Decides as follows:   THE FACTS        The applicant is an Italian citizen, born in 1925 and currently residing in Palermo.        The facts, as submitted by the applicant, may be summarized as follows.        The applicant served in the administration of the Sicily Region from 1945 to 1978, holding different posts.        The method and the basis of calculation of the pension to which the applicant is entitled have been modified several times by a series of regional laws.        According to Regional Law No. 7/1971 the applicant acquired the right to a certain increase in salary and to a further biennial increase amounting to 4% of his salary. Regional Law No. 30/1974 modified the previous one in that the length of service necessary to obtain that increase in salary was raised from 20 to 23 years, which involved a reduction in the applicant's pension. On the basis of Regional Law No. 114/1979 the applicant was entitled to two biennial salary increases and was deemed to have served for 32 years, 6 months and 4 days. According to Regional Law No. 145/1980 the applicant's pension was recalculated and increased. Further modifications in the determination of the applicant's pension were made on the basis of Regional Law No. 41/1985.        In January 1975 the applicant filed an application with the Sicily Regional Administrative Court (RAC) seeking revocation of the decree applying Regional Law No. 30/1974 to his case. As Regional Law No. 145/1980, which interpreted the 1974 Law in accordance with the demands of the applicant, had in the meantime entered into force, the Sicily RAC on 24 October 1981 granted the applicant's claim regarding the rights guaranteed to him by the previous Law No. 7/1971.        On July 1990 the applicant filed an application with the Court of Audit seeking recognition and payment of the increase of pension granted by Regional Law No. 41/1985. On 23 November 1993 the Court of Audit admitted the claim and ordered that the Sicily Region had to pay the applicant the increases of pension he was entitled to, the revaluation of the amounts due and the statutory interest, accrued from November 1985 to the date on which the applicant would actually receive them.        In relation to the delays in complying with the decision of the Court of Audit of 23 November 1993, the applicant filed "compliance" proceedings with the Sicily RAC.        On 11 July 1997 the Sicily RAC granted the claim and ordered the administration of the Region to comply fully with the above-mentioned judgment within 60 days from the date when the decision would be served or communicated to the applicant. The Sicily RAC also nominated a special commissioner (commissario ad acta) who was to intervene if, upon expiration of the 60 day-period, the administration of the Region had not paid. The commissioner was empowered to take the necessary measures to assure compliance with the decision within further 30 days at the latest. Nevertheless the applicant does not seem to have received these sums.        On 19 April 1994 the applicant lodged a further application with the Court of Audit (No. 1025/94) claiming that Regional Laws No. 7/1971 and No. 145/1980 had been erroneously enforced and seeking a recalculation of his pension. The date for the first hearing has not been set and these proceedings are still pending.     COMPLAINTS   1.    The applicant complains about the length of the proceedings still pending before the Court of Audit following Application No. 1025/94.   2.    The applicant complains that the Administration of the Sicily Region has not paid him the sums of money he is entitled to pursuant to the decision of the Court of Audit of 23 November 1993 and to the decision of the Sicily RAC of 11 July 1997.   3.    The applicant complains that he does not receive the increased pension he is entitled to according to the relevant Sicily regional laws. He claims that the new laws modifying certain criteria on which the pension is calculated, and which are applicable also to retired staff, have not been applied to his case.     THE LAW   1.    The applicant complains about the length of the proceedings still pending before the Court of Audit following Application No. 1025/94.        The applicant further complains that the Administration of the Sicily Region has not paid him the sums he is entitled to pursuant to the decision of the Court of Audit of 23 November 1993 and to the decision of the Sicily RAC of 11 July 1997.        The Commission considers that it cannot, on the basis of the file, determine the admissibility of these complaints and that it is therefore necessary, in accordance with Rule 48 para. (2) of the Rules of Procedure, to give notice of these complaints to the respondent Government.   2.    The applicant also complains that he does not receive the increased pension which he claims he is entitled to according to the relevant Sicily regional laws. He claims that the new laws modifying certain criteria on which the pension is calculated and which are applicable also to retired staff, have not been applied to his case.        The Commission first notes that proceedings in relation to this matter are still pending before the Italian courts. However, even assuming that the applicant could be considered as having exhausted the domestic remedies according to the requirements of Article 26 (Art. 26) of the Convention, the applicant's complaint would have to be rejected for the following reasons.        The Commission recalls that, according to its constant case-law, the right to a pension of a particular amount is not guaranteed by the Convention (cf. for example Muller v. Austria, Comm. Report 1.10.75, D.R. 3, p. 25, para. 27 and No. 12264/86, Dec. 13.7.88, D.R. 57, p. 132). However, Article 1 of Protocol No. 1 (P1-1) may guarantee the right to derive benefits from social security schemes to which a person has paid contributions (cf also No. 10671/83, Dec. 4.3.85, D.R. 42, p. 229).        The Commission notes that the applicant relies on a series of regional laws in support of his claim to increased pension rights. The Commission does not find it established that the applicant has been deprived by the authorities of a property right which he previously had (cf. mutatis mutandis No. 12264/86, Dec. 13.7.88, D.R. 57, p. 133) or that he was deprived of the very essence of his right to derive benefit from the contributory social security scheme which applied to him. It follows that this part of the complaint is to be considered manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2).        For these reasons, the Commission        DECIDES TO ADJOURN the examination of the applicant's complaints      concerning the length of the proceedings and the alleged non-      compliance by the administration of the Sicily Region with two      court decision, resulting in non-payment of sums to which he is      entitled;        unanimously,      DECLARES INADMISSIBLE the remainder of the application.          M.F. BUQUICCHIO                             M.P. PELLONPÄÄ         Secretary                                  President    to the First Chamber                       of the First Chamber