Decision of European Court of Human Rights, March 15, 2001 (case AUNOLA v. FINLAND)
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Decision of European Court of Human Rights, March 15, 2001 (case AUNOLA v. FINLAND)
FOURTH SECTIONDECISIONAS TO THE ADMISSIBILITY OFApplication no. 30517/96by Alpo AUNOLAagainst Finland The European Court of Human Rights (Fourth Section), sitting on 15 March 2001 as a Chamber composed of Mr G. Ress, President, Mr A. Pastor Ridruejo, Mr L. Caflisch, Mr V. Butkevych, Mrs N. Vajić, Mr J. Hedigan, Mr M. Pellonpää, judges,and Mr V. Berger, Section Registrar, Having regard to the above application introduced with the European Commission of Human Rights on 6 March 1996 and registered on 19 March 1996, Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows:THE FACTS The applicant is a Finnish national, born in 1924 and living in Kokkola (Finland). He is represented before the Court by Ms Kirsi Tarvainen, a lawyer practising in Helsinki (Finland) The respondent Government are represented by Ms Irma Ertman, Deputy Director General for Legal Affairs, Ministry for Foreign Affairs, and by Mr Arto Kosonen, Agent of the Finnish Government, Ministry for Foreign Affairs.A. The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. The applicant started to work for company O. on 3 August 1954. At the time the company had a pension scheme which had been approved on 28 December 1943. The pension scheme involved a survivors' pension for the employee's survivors. The benefits of the pension scheme were guaranteed to the employee as part of his or her employment contract. In 1955 company O. founded two pension funds; one for manual workers and another for clerical employees. A Pension Funds Act (eläkesäätiölaki, lag om pensionstiftelser; 469/1955) was enacted in 1955 and the rules of the pension funds were harmonized with the provisions of this new Act and approved by the Ministry for Social Affairs (sosiaaliministeriö, socialministeriet). The Pension Funds Act did not require that the assets of a pension fund should cover its liability for pensions. In 1961 an Employees' Pensions Act (työntekijän eläkelaki, lag om pension för arbetstagare; 395/1961) was passed. In 1962 company O.'s pension fund for clerical workers was divided into Sections A and B. Section A provided pension benefits arising solely from the employment contracts of the employees, in excess of statutory pension rights. On 31 January 1984, the applicant retired and started to receive a pension from company O. According to the calculations made, between 1984 and 1985, on the costs of the pension scheme, the economic resources of the company would not have covered the pensions to be paid nor removed the deficit in the liabilities. On 12 August 1985, the managing...See the full content of this document
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