Questão jurídica principal
Whether the transitional provision of lit. a(1) SchlBest. IVG applies only to pensions awarded before 2008
Decisão extraída
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.
Fundamentação extraída
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.