DOMENECH ARADILLA AND RODRIGUEZ GONZALEZ v. SPAIN - 32667/19 (Judgment : Peaceful enjoyment of possessions - Refusal by domestic authorities to grant survivor's pension : Fifth Section)

Art 1 P1 • Peaceful enjoyment of possessions • Refusal by domestic authorities to grant survivor's pension to applicants due to unforeseeable retrospective application of a new eligibility requirement • Impugned measures placing excessive burden on applicants • Unjustified absence of transitionary period for legislative change • Fair balance between competing interests not struck

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:

Georges Ravarani , President , Carlo Ranzoni, Mārtiņš Mits, María Elósegui, Mattias Guyomar, Kateřina Šimáčková, Mykola Gnatovskyy , judges , and Victor Soloveytchik, Section Registrar,

the applications (nos. 32667/19 and 30807/20 ) against the Kingdom of Spain lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by two Spanish nationals, Ms Mercè Domenech Aradilla and Ms Encarnación Rodríguez González ("the applicants"), on the dates indicated in the appended table;