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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 (First Section), sitting as a Chamber composed of:
��������� Mr���� C.L. Rozakis , President , ��������� Mr���� L. Loucaides , ��������� Mrs�� F. Tulkens , ��������� Mrs�� E. Steiner , ��������� Mr���� K. Hajiyev , ��������� Mr���� D. Spielmann , ��������� Mr���� S.E. Jebens, judges ,
He submitted that, had he been a woman in a similar position, former Section 15 of the Pension Act would have applied to him and he would have been entitled to a survivor�s pension in the amount of 60% of his late wife�s retirement pension instead of the 40% which he received now under the amended Pension Act and the Pension Allowance Act. This violated his constitutional right to equal treatment.
"The surviving spouse of a civil servant is entitled to a monthly pension if the civil servant himself had such a claim on the day of his death, or if he would have had such a claim upon retirement on that day."
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Common Room
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