CEDH · CASELAW;CLIN;ENG — 17 avril 2012

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 151 April 2012 Grudić v. Serbia - 31925/08 Judgment 17.4.2012 [Section II] Article 46 Article 46-2 Execution of judgment Measures of a general character Respondent State required to implement laws in order to secure payment of pensions to insured persons in Kosovo   Facts – The applicants, two Serbian nationals, were granted disability pensions by the Kosovo Branch Office of the Serbian Pensions and Disability Insurance Fund (“the Fund”). They regularly received their pensions until June 1999 and January 2000 respectively when the monthly payments stopped without any explanation. In May 2004 and March 2005 the Fund formally decided to suspend the payment of their pensions from the dates the payments had stopped on the grounds that Kosovo was under international administration. In 2006 a district court annulled the Fund’s decisions after noting that they did not refer to the relevant law. The Fund’s subsequent appeals were rejected by the Supreme Court. In 2008 the Fund suspended the proceedings brought by the applicants for the resumption of payment of their pensions until such time as the entire issue was resolved between the Serbian authorities and the international administration in Kosovo. Law – Article 1 of Protocol No.   1: The suspensions of payment of the applicants’ pensions had not been in accordance with the relevant domestic law. Conclusion : violation (unanimously). Article 46: In view of the large number of potential applicants, the respondent Government were required to take all appropriate measures to ensure that the competent Serbian authorities implemented the relevant laws in order to secure payment of the pensions and arrears in question, it being understood that certain reasonable and speedy factual and/or administrative verification procedures might be necessary.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes