35 and with the ruling of the judge of the Nineteenth Civil Court of Lima in Decision No. 1 of December 19, 1994, at the stage of execution of judgment, to equalize the amount of the pension corresponding to Guillermo Álvarez Hernández with the remuneration received by active officials of this Superintendency of the same or an equivalent category at the time when the salary adjustments were made; and also to make the corresponding repayments, as indicated in the attached appendix [...], which forms an integral part of the [...] Decision” 103. 89(s) Mr. Álvarez Hernández filed a compliance proceeding against the Superintendent of Banks and Insurance104. On December 22, 1999, the First Transitory Corporative Public Law Court of Lima declared that the compliance proceeding was admissible105. This judgment was appealed on September 8, 2000, the Transitory Corporative Public Law Chamber of the Superior Court of Justice of Lima revoked the appealed judgment and declared the application inadmissible106. On December 21, 2000, the Constitutional Court of Peru revoked the decision issued by this Corporative Chamber and “declare[d] that the compliance proceeding was admissible; consequently, it ruled that the Superintendent of Banks and Insurance must comply with the provisions of decision SBS No. 331-95 of May 4, 1995, deducting the payments that it can confirm that it has made”107. The Public Attorney of the SBS objected to the ruling of the Constitutional Court. Lastly, on December 27, 2001, the Second Public Law Court of the Superior Court of Justice of Lima declared that the said objection was inadmissible and established that “finding that the case is at the stage of execution of judgment, the constitutional ruling must obligatorily be complied with by the designated entity, which must administratively equalize the amount of the pension corresponding to the plaintiff with the salary of the employees of the Superintendency of Banks and Insurance of the same or an equivalent category, when their salaries are adjusted, and also make the corresponding repayments”108. 103 Cf. administrative decision SBS No. 331-95 of May 4, 1995, with regard to Guillermo Álvarez Hernández (file of appendices to the application, appendix 52, folios 196 to 198). 104 Cf. judgment of the Constitutional Court of Peru delivered on December 21, 2000, published in the Official Gazette El Peruano on April 25, 2001, regarding the compliance proceeding filed by Guillermo Álvarez Hernández (file of appendices to the application, appendix 58, folios 214 and 215). 105 Cf. decision No. 27 of the First Transitory Corporative Public Law Court of Lima delivered on December 22, 1999, regarding the compliance proceeding filed by Guillermo Álvarez Hernández (file of appendices to the application, appendix 56, folios 209 to 211). 106 Cf. decision of the First Transitory Corporative Public Law Chamber of the Superior Court of Justice of Lima delivered on September 8, 2000, regarding the compliance proceeding filed by Guillermo Álvarez Hernández (file of appendices to the application, appendix 57, folios 212 and 213). 107 Cf. judgment of the Constitutional Court of Peru delivered on December 21, 2000, published in the Official Gazette El Peruano on April 25, 2001, regarding the compliance proceeding filed by Guillermo Álvarez Hernández (file of appendices to the application, appendix 58, folios 214 and 215). 108 Cf. decision No. 14 of the Second Public Law Court of the Superior Court of Justice of Lima delivered on December 27, 2001, regarding the compliance proceeding filed by Guillermo Álvarez Hernández (file on merits and possible reparations, tome II, appendix 9 of the brief answering the application, folios 422 and 423).

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