Decision of the Court of Cassation, Labor Section, No. 76 of 16 October 2013 filed on 7 January 2014

The Court of Cassation decided on a recourse concerning the fact that, in a number of proceedings concerning the ri-calculation of pension on the ground of law No. 44 of 1973, the National Institute of Social Security had decided on whether to challenge or not with an appeal the related judicial decisions “without making recourse to any logic or systematic criterion” and, thus, violating the non-discrimination and the fair trial principles under Articles 14 and 6 of the ECHR, as interpreted by the European Court of Human Rights. Remembering the established jurisprudence of the Constitutional Court, the Court of Cassation was satisfied that national legislation must be interpreted consistently with the provisions of the ECHR as interpreted by the European Court of Human Rights.  Recourse was however rejected, because the claimant had failed to show in court that the case was identical to other cases on the same matter decided by the Strasbourg Court.