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Ministre de l'économie, des finances et de l'industrie et Ministre de la défense v. Mme Doukouré , n° 216172 216657, Conseil d'Etat, 6 février 2002 (publication : AJDA 2002 Jurisprudence p. 000)

Facts:   the applicant Mme Mathia Doukouré asked the Minister of Defense to revaluate and increase her pension. This was refused. She sought to cancel that decision before the Administrative Court of Poitiers but her claim was rejected. She appealed again before the Administrative Court of Appeals of Bordeaux which ruled in her favor. The Minister of Economy and Finances appealed that decision before the Conseil d'Etat.

Procedure: the Minister of the Economy, Finances and Industry asks the Conseil d'Etat to cancel the decision of November 15, 1999 whereby the Administrative Court of Appeals of Bordeaux cancelled the decision of the Administrative Court of Poitiers on July 3, 1996 which rejected the applicant's claim to cancel the refusal of the Minister of Defense to revaluate and increase her pension.

Reasoning: under article 71 of the Law of December 26, 1959, nationals from countries listed by the article receive an indemnity which will not be revaluated and increased in time, instead of their retirement pension. This creates a difference of treatment between retired people depending on their nationality. The aim of retirement pensions for civil servants is to provide them and their dependents family members with an income assuring them material conditions of life in conformity with the dignity of the job they exercised as civil servants of France. The difference of situation depending on whether the pensioner was a civil servant of French or another nationality does not justify any difference of treatment between them and is not objective. Therefore, article 71 of the Law violates article 14 of the European Convention which prohibits the difference of treatment between persons in similar situations without objective and reasonable justifications, namely a legitimate public interest goal or other legal goals.

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