Court name: European Court of Human Rights
State: Latvia
Date of decision:

This case concerns the difference in treatment between citizens of Latvia and ‘permanently resident non-citizens’ of Latvia with regard to the calculation of their pension rights. For the latter group, employment periods accrued outside of Latvia prior to 1991 in other parts of the USSR are excluded from the calculation. The Court found that direct difference in treatment on the grounds of nationality in pensions does not violate the ECHR, as when determining that difference in treatment, Latvia pursued a legitimate aim and this measure was proportionate to that aim. It noted that applicants decided not to naturalise in Latvia, where they resided. The Court also found that the assessment of whether the difference in treatment is justified by 'very weighty reasons' (test applied where there is a direct different of treatment on the sole ground of nationality) must be carried out considering the wide margin of appreciation in this case.