Questione giuridica chiave
Whether the transitional provision of lit. a(1) SchlBest. IVG applies only to pensions awarded before 2008
Decisione estratta
The transitional review mechanism is not limited to pensions first granted before 1 January 2008; however, it does not reopen awards already made in line with the then-applicable jurisprudence.
Motivazione estratta
The wording, legislative history and purpose show that later awards can also fall within the provision, but only if they were not already decided under the relevant pain-syndrome case law.