Pensions, a judge reopen the case repayments: “The INPS return all” – BBC

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Milan , May 31, 2015 – 08:08

     
     
 

ROME Part from Naples to attack the decree of the government on mini repayments to pensioners after the Constitutional Court ruling. With an order for Friday, May 29, the court of Naples, granting the appeal lodged by the lawyer Vincenzo iron, INPS gave 40 days to pay the assisted – and relative – the same iron 3,074 euro, ie the full repayment of the non-indexation of pension cost of living in 2012-2013, said the lawyer.

The judge’s decision Neapolitan section of the work is astonishing as it is precisely dated May 29, eight days after the entry into force of the decree by which the government It governs the effects of the decision number 70 of the Constitutional Court. The judge thus seems not to have regard to the Act made after the application was lodged on 13 May. It is clear that INPS will not pay, because if it did, would go against the law. But in that case, he said the lawyer, will open a dispute in front of the judiciary itself.
In short, we are the first step on a long path. And not only. The same iron explains that in the coming days will file other similar actions, while the association Codacons argues that the court’s decision “endorses the class action initiated by us, which already has more than 5,000 retirees by sending a warning INPS and the Ministry of Labour. ” If INPS will not return in full the non-indexation, says the president of Codacons, Carlo Rienzi, “will snap thousands of appeals that can count on the important precedent of the court of Naples.”

It is then spread to a dispute, as had been announced by many associations in the aftermath of the government decree, which ordered repayments average 500 euro, ie 20-25% of the full refund, and only for pensions up to 6 times the minimum (less than 3 thousand euro gross). Litigation that, most likely, will end up back before the Constitutional Court, when a judge asked to rule on the substance, the Consulta ask whether the decree of the government to respect the Constitution or not.
In recent days, the Minister of Labour had noted that, after the Constitutional Court ruling, retirees are of course free to have recourse, but “must take account of the decree,” which, according to Giuliano Poletti, “has fully complied As the Court has pointed out that in some way limits the previous legislation. ”
That decree that instead does not seem to have influenced the decisions of the judge of the court of Naples, to the delight of iron and of his client, a former executive of items in 82 years, taking a pension of about 2 thousand euro to month (according to the decree should receive 750 euro repayment rather than the required three thousand) and with whom “there is a family relationship,” says the same iron.
He adds: “We have always had the utmost confidence in the judiciary and our difficult work has paid off. This is just the first of a series of actions aimed at achieving recognition of the right to the revaluation of pensions. ” But the road is long.

May 31, 2015 | 08:08

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