5.  The circumstances of the case are analogous to those described in Maggio and Others v. Italy (nos. 46286/09, 52851/08, 53727/08, 54486/08 and 56001/08, 31 May 2011). 6.  In 1995, by means of the Dini reform, Italy changed its pension system from a retributive one, which applied the remuneration-based (“retributivo”) method of calculation, to a contributory one, where the amount received in pension was dependent on the contributions paid. 7.  The applicants, who had transferred to Italy the contributions they had paid in Switzerland, requested the Istituto Nazionale della Previdenza Sociale (“INPS”) to establish their pensions in accordance with the 1962 Italo-Swiss Convention on Social Security (see Relevant Domestic Law and Practice below) on the basis of the contributions paid in Switzerland for work they had performed there over several years (see annexed table for details). As a basis for the calculation of their pensions (in respect of the average remuneration of the last ten years), the INPS employed a theoretical remuneration (“retribuzione teorica”) instead of the real remuneration (“retribuzione effettiva”). The former resulted in a readjustment on the basis of the existing ratio between the contributions applied in Switzerland (8%) and in Italy (32.7%), which meant that the calculation had as its basis a pseudo-salary which according to the applicants amounted to approximately a quarter of the salary actually received by them and therefore led to a reduction in the pension itself. 8.  Consequently, in 2005/6 the applicants instituted judicial proceedings, contending that this was contrary to the spirit of the Italo-Swiss Convention.
Various individuals in the applicants’ position had done the same and had been successful, the domestic courts having determined that persons having worked in Switzerland and who had subsequently transferred their contributions to Italy should benefit from the remuneration-based pension calculations, on the basis of the wages earned in Switzerland, irrespective of the fact that the transferred contributions had been paid at a much lower Swiss rate. 9.  Pending their proceedings, Law no. 296/2006 (see Relevant Domestic Law and Practice below) entered into force on 1 January 2007. 10.  By a judgment of the Varese Tribunal (Labour and Welfare Section) of 23 September 2008 (no. 306/2008), these applicants’ claim was rejected in view of the entry into force of Law no. 296/2006. 11.  By a judgment of the Varese Tribunal (Labour and Welfare Section) of 7 October 2008 (no. 329/2008), these applicants’ claim was rejected in view of the entry into force of Law no. 296/2006. 12.  By a judgment of the Udine Tribunal (Labour and Welfare Section) of 7 October 2008, filed in the relevant registry on 8 October 2008 (no. 311/2008), these applicants’ claim was rejected in view of the entry into force of Law no. 296/2006. 13.  By a judgment of the Varese Tribunal (Labour and Welfare Section) of 26 November 2008, filed in the relevant registry on 9 December 2008 (no. 389/2008), these applicants’ claim was rejected in view of the entry into force of Law no. 296/2006. 14.  By a judgment of the Bergamo Tribunal (Labour and Welfare Section) of 17 September 2008 (no. 789/2008), these applicants’ claim was rejected in view of the entry into force of Law no. 296/2006. 15.  By a judgment of the Como Tribunal (Labour and Welfare Section) of 15 June 2006, filed in the relevant registry on 30 June 2006, Mr Gagliardi’s and Mr De Nile’s claims were rejected as being out of time, their proceedings having been lodged more than three years after the administrative decision regarding their pensions; Mr Rossi’s claim was rejected as the court did not share the ratio of the relevant Court of Cassation case-law at the time, and considered that the relevant legal provisions had been sufficiently clear. 16.  The applicants appealed. 17.  By a judgment of 11 December 2008, filed in the relevant registry on 13 January 2009 (no. 63/2009), the Milan Court of Appeal reformed the first-instance judgment, considering that Mr Gagliardi’s and Mr De Nile’s claims for the dues relating to the three years before they lodged their proceedings could not be considered time-barred. However, it rejected the merits of all three applicants’ claims in view of the entry into force of Law no. 296/2006. 18.  By two judgments of the Brescia Tribunal (Labour and Welfare Section) of 22 September 2006, filed in the relevant registry on 2 October 2006 (nos. 672/2006 and 678/2006) these applicants’ claim was upheld on the basis of the relevant Court of Cassation case-law at the time. 19.  The INPS appealed. 20.  By a judgment of 18 December 2008, filed in the relevant registry on 11 March 2009 (no. 527/2008), the Brescia Court of Appeal reversed the first-instance judgments in view of the entry into force of Law no. 296/2006. 21.  By two judgments of the Campobasso Tribunal (Labour and Welfare Section) of 12 February 2009 (nos. 89/2009 and 90/2009), these applicants’ claim was rejected in view of the entry into force of Law no. 296/2006. 22.  All the applicants did not appeal further, deeming it to be futile given that the impugned law had been considered legitimate by the Constitutional Court in its judgment of 23 May 2008, no. 172 (see Relevant Domestic Law and Practice below), which other courts were then bound to uphold.