communication is inadmissible because the author challenges a regulation in a collective agreement over which the State party has no influence. The State party explains that collective agreements are contracts based on private law and exclusively within the discretion of the contracting parties. The State party concludes that the communication is therefore inadmissible under article 1 of the Optional Protocol, since one cannot speak of a violation by a State party. Regional Insurance Board took the position that only active employees, but not employees retired before 1 January 1992, should receive this entitlement. 2.2 The authors, represented by counsel, filed a lawsuit against the Board with the Salzburg Federal District Court sitting in labour and social matters (Landesgericht Salzburg als Arbeits- und Sozialgericht), which was dismissed on 21 December 1992. In the opinion of the Court, the parties to a collective agreement are free under federal labour law to include provisions stipulating different pension computation treatment of active and retired employees or even norms creating conditions to the disadvantage of retirees. The authors then appealed to the Federal Court of Appeal in Linz (Oberlandesgericht in Linz), which confirmed the District Court's judgment on 11 May 1993. Subsequently, the Supreme Court (Oberster Gerichtshof) dismissed the authors' appeal on 22 September 1993. It considered that although the sum of 200,- ATS was part of the authors' permanent income (ständiger Bezug), only part of the income would be considered as monthly salary (Gehalt), which is the basis for determining the level of retirement benefits to be paid. Moreover, since this was stipulated in the collective agreement, a different pension treatment of the income of active and retired employees was permissible. 5.1 In his comments of 19 November 1995, the author explains that he does not request the Committee to review in abstracto a collective agreement, but rather to examine whether the State party, and in particular the courts, failed to give proper protection against discrimination and thereby violated article 26 of the Covenant. The author contends therefore that the violation of which he claims to be a victim is indeed attributable to the State party. 5.2 As regards the State party's claim that it had no influence over the contents of the collective agreement, the author explains that the collective agreement in the present case is a special type of agreement and qualifies as a legislative decree under Austrian law. Negotiated and concluded by public professional organisations established by law, the procedures and contents of collective agreements are set forth in federal laws, which stipulate what a collective agreement may regulate. Further, federal courts are entrusted with a full judicial review of the agreements. In order to enter into force, the collective agreement (and its eventual amendments) have to be confirmed by the Federal Minister for Labour and Social Affairs. The agreement is then published in the same manner as legislative decrees of federal and local administrative authorities. The complaint 3.1 The author claims that the Republic of Austria violated the retirees' rights to equality before the law and to equal protection of the law without any discrimination. In particular, he states that the different treatment between active and retired employees and between pre-January-1992-retirees and post-January-1992-retirees was not based on reasonable and objective criteria, as the groups of persons concerned find themselves in a comparable situation with regard to their income and they face the very same economic and social conditions. It is further argued that the different treatment was arbitrary in that it did not pursue any legitimate aim and that the discretionary power of the drafters of the collective agreement, approved by the Austrian courts, violates the general principle of equal treatment under labour law. 5.3 The author therefore contests the State party's assertion that it had no influence over the contents of the collective agreement, and claims instead that the State party controls the conclusion of collective agreements and their execution on the legislative, administrative and judicial levels. The author notes that the State party has enacted legislation and delegated certain powers to autonomous organs. He observes however that article 26 of the Covenant prohibits discrimination "in law or in practice in any field regulated and protected by public authorities"1. The author concludes that the State party was thus under obligation to comply with article 26 and failed to do so. 3.2 It is stated that the matter has not been submitted to another procedure of international investigation or settlement. State party's observations and the author's comments thereon 6.1 In a further submission, dated May 1996, the State party explains that the amended collective 4. By submission of 18 September 1995, the State party acknowledges that domestic remedies have been exhausted. It argues however that the 1 Broeks v. No. 172/1984. 10 The Netherlands, communication