CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 novembre 1989

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 12221/86                       by Johannes Gerardus Maria ARNOLD                       against the Netherlands           The European Commission of Human Rights sitting in private on 10 November 1989, the following members being present:                 MM. C.A. NØRGAARD, President                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   A.S. GÖZÜBÜYÜK                   A. WEITZEL                   J.-C. SOYER                   H.G. SCHERMERS                   G. BATLINER                   J. CAMPINOS              Sir   Basil HALL              MM.   F. MARTINEZ                   C.L. ROZAKIS              Mrs.   J. LIDDY              Mr.   L. LOUCAIDES                Mr.   H.C. KRÜGER, Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 20 May 1986 by Johannes Gerardus Maria ARNOLD against the Netherlands and registered on 16 June 1986 under file No. 12221/86;           Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a Dutch citizen, born in 1929 and presently residing in Schaesberg, the Netherlands.           The facts, as they have been submitted by the applicant, may be summarised as follows:           From 1 September 1956 until 1 June 1961 the applicant worked in the public service.   During this period he paid pension contributions for his retirement.           Under the General Act on Civil Servants' Pensions (Algemene burgerlijke pensioenwet) a civil servant who has been dismissed before the entering into force of this Act and who has no right to a retirement pension because he has not been employed as a civil servant for a sufficient length of time, will have a right to a retirement pension after the entering into force of this Act if he has been in the public service for at least five years.           By letter of 2 January 1983 the applicant requested the General Civil Servants' Pension Fund (Algemeen Burgerlijk Pensioenfonds) to decide that he would have a right to a retirement pension, despite the fact that he had worked three months less than the required five years in the public service.           By letter of 13 January 1984 the General Civil Servants' Pension Fund informed the applicant that, if he were to ask for a retirement pension when reaching the age of 65 years, he would receive a negative decision, since he had not worked in the public service for five years, as required by the General Act on Civil Servants' Pensions.   The Fund stated that this letter was for the purpose of information and was not a decision.           By letter of 26 January 1984 the applicant appealed against the letter of 13 January 1984 to the Supervisory Council (Raad van toezicht) of the General Civil Servants' Pension Fund.           By letter of 27 June 1984 the Supervisory Council informed the applicant of its decision to declare his appeal inadmissible since his appeal was not directed against a decision but only against a letter of information.           By letter of 5 July 1984 the applicant appealed against this decision to the Civil Servants' Court (Ambtenarengerecht) of The Hague.   He submitted, inter alia, that the General Civil Servants' Pension Fund had taken a conditional decision and that it was important for him to know his rights to be able to choose the moment of retirement.           In its decision of 17 October 1984 the Civil Servants' Court declared the applicant's appeal inadmissible.           By letter of 29 October 1984 the applicant appealed against this decision to the Central Council of Appeal (Centrale Raad van Beroep).   In its decision of 10 April 1986 the Council declared the applicant's complaint inadmissible.   COMPLAINTS           The applicant complains that under the Act on Pension- and Savings Funds (Pensioen- en Spaarfondsenwet), which applies to the private sector, a person who has taken part in a Pension Fund for less than one year shall be refunded at least the contributions which he has paid.   Under the same Act, a person who has taken part in a Pension Scheme for more than one year shall have a right to a retirement pension on the basis of the contributions paid by himself and his employer.   However, under the General Act on Civil Servants' Pensions a civil servant who has worked in the public service for less than five years, will not receive anything.   The applicant considers this an arbitrary deprivation of his possessions.   He invokes Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1.   THE LAW           The applicant, born in 1929, complains of discriminatory treatment in respect of his claim to a retirement pension flowing from the contributions he paid to the Civil Servant's Pension Fund during his years in the public service.   He invokes Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1 (Art. 14+P1-1).           However, the Commission notes that the applicant's alleged right to a retirement pension would not become operable until he reaches the age of 65.   In this respect, it also notes that the domestic administrative courts refused to consider the applicant's case at this stage.           In the absence of a domestic decision concerning his alleged pension right the Commission finds that the applicant cannot yet claim to be a victim of a violation of the Convention within the meaning of Article 25 (Art. 25) of the Convention.   It follows that this application is manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.           For these reasons, the Commission           DECLARES THE APPLICATION INADMISSIBLE     Secretary to the Commission             President of the Commission         (H.C. KRÜGER)                            (C.A. NØRGAARD)